Sample

People v. Sample

Good Law
161 Cal. App. 3d 1053·1984 Cal. App. LEXIS 2761·208 Cal. Rptr. 318
Court of Appeal of CaliforniaNovember 20, 1984No. A023613California1,784 words

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…

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