P. v. Jellinek CA4/1
A jury convicted Robert Jellinek of four counts of perjury (counts 1, 3-5; Pen. Code, § 118, subd. (a)) and one count of preparing a false document for a fraudulent purpose (count 2, § 134). Jellinek was granted probation. Jellinek appeals contending the statute of limitations on counts 1 through 4 had expired prior to filing the complaint and information. He argues, for the first time on appeal that the prosecution's failure to plead any basis for tolling of the statute of limitations should result in dismissal of the four counts. In the alternative he argues we should remand the case for a jury trial on the question of whether the statute of limitations expired before charges were filed.
Based on our review of the record we can determine that the criminal acts Jellinek committed were not discovered until October 2013, thus all of the convictions on the challenged counts are proper.
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