State v. Peltier, 181 Wash. 2d 290

Peltier was charged in 2002 with multiple counts of second degree rape, second degree child molestation, and rape of a child, for crimes committed 1993–2001.
In 2003 he agreed to a stipulation and amended information that charged lesser offenses in a negotiated settlement, with other counts dismissed.
The stipulation did not explicitly mention statute of limitations, but included waivers and remedies related to pre-charging or pre-trial delay, and potential refiling of charges.
By 2008 the statute of limitations for all original charges had expired, but later the State sought to refile and pursue the original charges.
Peltier challenged the refiling, arguing the statute of limitations barred it; the trial court dismissed, and the Court of Appeals affirmed on alternate grounds before the Supreme Court granted review.
The Supreme Court held that a defendant may expressly waive a criminal statute of limitations when the underlying charges have not yet run, because the court retains sentencing authority at that time.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a defendant can waive a criminal statute of limitations	Peltier: waiver valid when benefits available; waiver should be honored.	State: waiver may be implied or limited; traditional view treats limits as jurisdictional barriers.	Yes; waiver admissible if statute not yet run and waiver is express.

State v. Glover, 25 Wn. App. 58 (1979) (criminal statute of limitations is jurisdictional in origin)
In re Personal Restraint of Stoudmire, 141 Wn.2d 342 (2000) (statue of limitations limits authority to sentence, but not subject-matter jurisdiction)
State v. N.S., 98 Wn. App. 910 (2000) (criminal statute of limitations presents a jurisdictional bar to prosecution)
State v. Phelps, 113 Wn. App. 347 (2002) (statutes of limitations and pre-trial defenses discussed in waiver context)
State v. Bryce, 41 Wn. App. 802 (1985) (information beyond statute of limitations void on its face; lack of waiver)