People v. Padfield

Opinion

SPARKS, J.

In this case we consider whether the statute of limitations is waived by a plea of nolo contendere. We are also called upon to decide whether the denial of pretrial diversion is reviewable on appeal after such a plea. We hold that the statute of limitations is waived by that plea when, as here, the accusatory pleading properly alleges that the statute has been tolled. We further conclude that the diversion issue is cognizable on appeal after a plea of nolo contendere.

Defendant Robert J. Padfield appeals from a judgment (order of probation) entered after he entered a plea of…