Does section 802 of the California Statutory Limitation Act, section 802, apply to a defendant who is in prison in another jurisdiction?

California, United States of America


The following excerpt is from Scherling v. Superior Court, 149 Cal.Rptr. 597, 22 Cal.3d 493, 585 P.2d 219 (Cal. 1978):

Zimmerman v. Superior Court (1967), 248 Cal.App.2d 56, 63, 56 Cal.Rptr. 226, does not compel a different result. There, the court refused to apply section 802 to a defendant who was incarcerated in another jurisdiction and had written the Los Angeles district attorney seeking to be brought to trial on charges in California at the earliest possible time. The court held that the limitation period is not tolled if the accused has, within the statutory period, requested that he be brought to trial, and the prosecution has failed to comply with his request. Here, of course, defendant did not take such measures.

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