What is the applicable statute of limitations for pre-filing of an application?

California, United States of America


The following excerpt is from People v. Sendejas, 2d Crim. No. B265902 (Cal. App. 2017):

Appellant argues that the 15-month delay in filing the information violated his due process rights under the California Constitution. (Cal. Const., art. I, 15; Scherling v. Superior Court (1978) 22 Cal.3d 493, 504-505.) The trial court found that the applicable statute of limitations was three years and that the prefiling delay caused no prejudice. It found that "[t]he possibility of prejudice is inherent in any . . . delay" but was too speculative to demonstrate that appellant could not receive a fair trial.

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