California, United States of America
The following excerpt is from People v. Sepulveda, D072055 (Cal. App. 2018):
Initially, we note that none of the facts relevant to the statute of limitations, including its extension thereof, was a "fact necessary to constitute the crime with which [defendant was] charged." (See In re Winship (1970) 397 U.S. 358, 364 (Winship) [noting the United States Constitution "protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he [or she] is charged"]; see also United States v. Booker (2005) 543 U.S. 220, 230 [same]; & People v. Linder (2006) 139 Cal.App.4th 75, 84 (Linder) [noting that, "[a]lthough the right to maintain the action is an essential part of the final power to pronounce judgment, that right 'constitutes no part of the crime itself' [citation]"].) Nor were any facts relevant to the statute of limitations used to establish or increase
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punishment. (See, e.g., Apprendi v. New Jersey (2000) 530 U.S. 466, 490 [noting that every finding that increases the punishment possible for an offense must be submitted to the jury and proved beyond a reasonable doubt].)
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