Scherling v. Superior Court

Opinion

MOSK, J.

On March 9, 1976, the District Attorney of Santa Clara County filed an information charging defendant with four counts of burglary committed in 1966 and 1967. 1 The information also alleged that defendant left California in July 1969 and remained away until February 1976. Defendant moved to dismiss the information on the ground that the court lacked jurisdiction because the three-year statute of limitations applicable to burglary had lapsed 2 and that he had been denied his right to a speedy trial. The trial court, after holding an extensive evidentiary hearing, denied the…