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Name: People v. Turner
Case #: A105680
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 12/20/2005

An offender’s conviction for first degree robbery was barred by the applicable statute of limitations. The defendant was charged with multiple offenses, and after conviction he was sentenced to life in prison under the Three Strikes Law. He argued on appeal that the trial court should have dismissed his robbery charges because the applicable statute of limitations had expired. The Court of Appeal agreed, finding that the trial court had erred in applying Penal Code section 799 to defendant’s robbery charges. That section states that a crime punishable by life imprisonment may be prosecuted at any time. The Court of Appeal agreed with the defendant that the trial court erred in using the potential Three Strikes sentence to place the robbery charge under the purview of Penal Code section 799; the appropriate statute of limitations was found in section 805. The motion to dismiss should have been granted.