Sample
People v. Sample
Opinion
Lead Opinion
Racanelli, J.
—The question to be decided is whether the tolling provisions of section 802.5 of the Penal Code 1 apply to certain felonies committed prior to the 1981 enactment. For the reasons we explain, we conclude that the three-year statute of limitations was effectively tolled under the provisions of the 1981 statutory enactment. 2 Accordingly, the judgment entered on demurrer is reversed.
Procedural Background
The procedural posture and relevant factual background are uncontro-verted:
On April 2, 1980, a warrant for defendant’s arrest was issued on a complaint charging two counts of violation of section 211 (robbery) and two counts of violation of section 12021 (felon in possession of a concealable firearm) alleged to have been committed in March 1980. Defendant remained at large until apprehended some time in early 1983.
On June 29, 1983, an information was filed; 3 following arraignment, defendant demurred on the ground that the criminal action was time-barred under the provisions of former section 800 which required, as relevant, that *1056 the information be filed “within three years” of commission of the felony. 4 The People have appealed from a judgment for the…