In RE McSHERRY
California Court of Appeal
1Opinion of the Court
Opinion
KLEIN, P. J.
Leonard James McSherry seeks writ review of his conviction of an attempt to annoy or molest a child under the age of 18 years with a prior conviction of lewd act. (Pen. Code, §§ 664, 647.6, subd. (c)(2).) McSherry claims he was not timely prosecuted. A violation of the statute of limitations deprives the court of jurisdiction and may be raised at any time. (People v. Williams (1999) 21 Cal.4th 335, 339-340 [87 Cal.Rptr.2d 412, 981 P.2d 42].) We therefore issued an order to show cause to address the merits of McSherry’s claim. Upon consideration of the issue presented, we…
2Cases cited10 opinions
- People v. ToledoCalifornia Supreme Court · 2001
- People v. BouzasCalifornia Supreme Court · 1991
- People v. WimsCalifornia Supreme Court · 1995
- People v. WilliamsCalifornia Supreme Court · 1999
- People v. MedinaCalifornia Supreme Court · 2007
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3Cited by2 opinions
- People v. JeffersonCalifornia Court of Appeal · 2016
- People v. JeffersonCalifornia Court of Appeal · 2016