Legal Opinion

In RE McSHERRY

California Court of Appeal

Decided November 28, 2007No. B199945PublishedCited by 2 opinions

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

  1. People v. ToledoCalifornia Supreme Court · 2001
  2. People v. BouzasCalifornia Supreme Court · 1991
  3. People v. WimsCalifornia Supreme Court · 1995
  4. People v. WilliamsCalifornia Supreme Court · 1999
  5. People v. MedinaCalifornia Supreme Court · 2007

5 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. People v. JeffersonCalifornia Court of Appeal · 2016
  2. People v. JeffersonCalifornia Court of Appeal · 2016

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API