The Court of Appeal agreed with the parties that appellant’s conviction for making a criminal threat (Pen. Code, § 422) must be reversed because the charge is barred by the statute of limitations. The applicable statute of limitations is three years. (§§ 17, 422, 801; People v. Meza (2019) 38 Cal.App.5th 821, 825.) In both the complaint and information, appellant was charged with making a criminal threat between March 31, 1999, and March 30, 2004. However, the prosecution commenced, at the earliest, on December 2, 2022 when the arrest warrant was issued. (§ 804.) There were no facts alleged in the accusatory pleading showing that the prosecution is not barred by the statute of limitations. (People v. Sedillo (2015) 235 Cal.App.4th 1037, 1048.) The court reversed the conviction, vacated the sentence, and remanded the matter for full resentencing.
