How have the courts dealt with a claim that a defendant failed to plead the facts satisfying the statute of limitations?
California, United States of America
The following excerpt is from People v. Nemati, A127253, Contra Costa County Super. Ct. No. 5-090481-3 (Cal. App. 2011):
Defendant argues the state's power to proceed was lacking as a result of the failure of the information to plead facts satisfying the statute of limitations. Assuming this was true at the time the information was filed, defendant waived any argument based on the pleading defect by failing to raise it prior to or during trial. (People v. Lynch (2010)
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