Wright v. Superior Court

I dissent. The majority’s singular misdefinition of a continuing offense promises to create serious difficulty for the trial and appellate courts that must follow it. Today’s result, moreover, is inconsistent with the teaching of Toussie v. United States (1970) 397 U.S. 112 [90 S.Ct. 858, 25 L.Ed.2d 156] (Toussie), among other cases. And precisely for the reasons the majority identify—e.g., the indefinite extension of the statute of limitations and the elimination of ex post facto protections—they create deleterious policy that undermines a legislative balance between the needs to protect the…