People v. Sample

Opinion

RACANELLI, P. J.

—The question to be decided is whether the tolling provisions of section 802.5 of the Penal Code1 apply to certain felonies committed prior to the 1981 enactment. For the reasons we explain, we conclude that the three-year statute of limitations was effectively tolled under the provisions of the 1981 statutory enactment.2 Accordingly, the judgment entered on demurrer is reversed.

Procedural Background

The procedural posture and relevant factual background are uncontro-verted:

On April 2, 1980, a warrant for defendant’s arrest was issued on a complaint charging two counts…