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Name: People v. Terry
Case #: H026576
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/17/2005
Subsequent History: Rhrg. den. 4/7/05

Appellant was found guilty of multiple counts of committing lewd acts on a 14 year old girl and one count of continuous sexual abuse. The information was amended during trial, changing the time period alleged to the year of 1995, and including no information that the counts were time-barred. On appeal, Terry argued that the counts were time barred because the statutory period had expired before the information was filed. The appellate court here reversed and remanded for a determination on whether the counts in question were time barred. The additional counts were added more than one year after the victim’s report, and the prosecution did not prove by a preponderance of the evidence that at least one touching took place during the statutory limitations period.