Can a defendant waive the statute of limitations to take advantage of a plea bargain?

California, United States of America


The following excerpt is from People v. Armstrong, C064420 (Cal. App. 2014):

The People also suggest there may have been a waiver of the statute of limitations by defendant in the trial court that is somehow not reflected in the record before us. Our high court has recognized that a defendant can expressly waive the statute of limitations when to do so would be to the defendant's benefit. In Cowan v. Superior Court (1996) 14 Cal.4th 367, the defendant sought to plead guilty to a time-barred lesser offense pursuant to a plea bargain to avoid a capital charge. Our high court held that a defendant may expressly waive the statute of limitations to take advantage of the plea bargain. (Id. at p. 370.) The People offer no explanation why defendant here would have expressly waived the statute of limitations and we can see no benefit for him having done so.

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