How has the statute of limitations been interpreted in a retrial?

The statute of limitations was a significant matter in the case, and ultimately led to the retrial. The charging document in the second trial had been amended specifically to address the statute of limitations problem, and to ensure that defendant could be convicted only on offenses that occurred within the statute of limitations period. Thus, each and every count carefully alleged that defendant could be convicted only for acts he committed on and after January 1, 1988. The prosecution was required to plead and prove, by a preponderance of the evidence, the prosecution commenced within the specified statute of limitations period. (People v. Angel (1999) 70 Cal.App.4th 1141, 1146-1147.) To that end, the jury was given forms for special findings on all counts, to ensure that the foundational requirements for a timely prosecution were met. The jury duly returned the completed findings as to each count.