State v. Peltier

*292¶1 This case is about whether a defendant can relinquish the rights conferred by the statute of limitations in a pretrial agreement. We hold that a defendant may expressly waive the criminal statute of limitations in a pretrial agreement when the statute of limitations on the underlying charge has not yet run at the time the defendant enters the agreement. We reverse.

Fairhurst, J.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

f 2 The State charged Joseph A. Peltier on September 6, 2002 with two counts of second degree rape (as to B.M. and S.B.), one count of second degree child molestation (as…