Is a prosecution duty to specifically identify in the information the statute of limitations applicable to each charged offense?

California, United States of America


The following excerpt is from The People v. Landa, A124734, No. CH44293 (Cal. App. 2010):

As an initial matter, we note that appellant has pointed to no rule, nor could we find one that imposes upon the prosecution a duty to specifically identify in the information the statute of limitations applicable to each charged offense. As a general matter, "a 'defendant has no right to notice of the specific time or place of an offense, so long as it occurred within the applicable limitation period." ' "Beyond that... the prosecution clearly has no duty to provide more explicit notice than human nature or science permit." ' [Citations.] Under modern pleading procedures, notice of the particular circumstances of an alleged crime is provided by the evidence presented to the committing magistrate at the preliminary examination, not by a factually detailed information." (People v. Jennings (1991) 53 Cal.3d 334, 358.)

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