What is the burden of proving that a criminal action has commenced within the applicable statutory period?

California, United States of America


The following excerpt is from People v. Haw, 2d Crim. No. B282652 (Cal. App. 2019):

The prosecution has the burden of proving by a preponderance of the evidence that a criminal action has commenced within the applicable statutory period. (People v. Zamora (1976) 18 Cal.3d 538, 565, fn. 27.) The prosecution was timely commenced under section 803, subdivision (f).

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