California, United States of America
The following excerpt is from People v. Ellison, A148576 (Cal. App. 2019):
Finally, defendant submits we should not consider the arrest warrant because the People did not raise the warrant below when his counsel asserted a statute of limitations challenge. But his statute of limitations argument belowthat the supposed six-year limitations period had rungave the prosecutor no cause to raise the warrant. And since it is proper for defendant to assert a new theory of untimely prosecution on appeal (People v. Williams (1999) 21 Cal.4th 335, 341 [defendant may raise statute of limitations at any time where charging document indicates on its face that the action is time-barred]), it must likewise be proper for the People to counter that new theory with a new response.
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