Can a defendant who is convicted of a time-barred crime challenge the statute of limitations after conviction?

California, United States of America


The following excerpt is from People v. Thiphanep, C078413 (Cal. App. 2017):

When the prosecution fails to allege facts in the charging document that toll or extend an otherwise expired limitations period, absent an express waiver, a defendant convicted of a time-barred crime may challenge the statute of limitations after conviction. (People v. Williams (1999) 21 Cal.4th 335, 345.)

Other Questions


Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
Can a court correct an error that resulted in a sentence being issued to a defendant who was convicted of a lesser crime but who is convicted of the lesser crime of assault? (California, United States of America)
Can a defendant be impeached if he is convicted of a similar crime but not convicted of the same same crime? (California, United States of America)
Can a defendant be convicted of an uncharged crime if, but only if, the un charged crime is necessarily included in the charged crime? (California, United States of America)
If a defendant is convicted of a lesser included crime, can he appeal against his conviction for the alleged greater crime? (California, United States of America)
When a defendant is convicted of multiple crimes arising out of the same act or an indivisible course of conduct, can they be convicted of more than one of the crimes? (California, United States of America)
Can a defendant be convicted of an uncharged crime of a lesser included offense of a charged crime? (California, United States of America)
How do you convict a defendant of a crime where the accused denies the accused to the crime? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.