People v. Sanders CA3

DISCUSSION

I Defendant’s Conviction For Rape In Count Twenty-One Must Be Vacated Because It Was Time-Barred Defendant contends (and the People agree) that one of his rape convictions (count twenty-one) must be vacated as time-barred because the felony complaint was filed more than 10 years after that crime was committed and there was insufficient evidence to apply the tolling period. Defendant and the People are correct.

There was no DNA of the assailant recovered from one of the victims.

2 The statute of limitations for forcible rape is 10 years. (In re White (2008) 163 Cal.App.4th 1576, 1578-1580.) The forcible rape alleged in count twenty-one occurred on March 21, 2002. The prosecution of defendant for this crime commenced when he was arraigned on the felony complaint on November 13, 2012. (Pen. Code, § 804, subd. (c).) Thus, the statute of limitations expired unless it was tolled due to a delay in determining defendant’s identity as the perpetrator through DNA testing. Specifically, the statute of limitations may be tolled when a defendant’s identity is being established by DNA testing. (Pen. Code, § 803, subd. (g).) In such a case, a “criminal complaint may be filed…