James v. Galetka

Contrary to the position taken in the main opinion, the issue of whether criminal statutes of limitations are jurisdictional is not an issue of first impression in Utah. We have already stated that criminal statutes of limitations are jurisdictional in nature. See, e.g., State v. Price, 837 P.2d 578, 582-84 (Utah Ct.App.1992) (holding statutory limit on time for filing motion to withdraw guilty plea is jurisdictional); State v. Pierce, 782 P.2d 194, 196 (Utah Ct.App.1989) (holding criminal statute of limitations is jurisdictional bar to prosecution). The majority’s approach is, at a minimum,…