People v. Lopez

Opinion

SPARKS, J.

Except as provided in Penal Code sections 799 and 800, a prosecution for an offense punishable by imprisonment in the state prison must “be commenced within three years after commission of the offense.” (Pen. Code, § 801.) This general statute of limitations is subject, however, to a discovery provision for specified crimes. Thus, for offenses involving described misconduct in office by a public employee, the statute of limitations “does not commence to run until discovery of [such] an offense.” (Pen. Code, § 803, subd. (c).) In People v. Swinney (1975) 46 Cal.App.3d 332 [120…