Patterson

Vertís Patterson appeals from an order of the Superior Court of Fresno County denying her petition for a writ of prohibition wherein she seeks to stop the Municipal Court of Fresno Judicial District from proceeding in a criminal action pending against her in that court for alleged violations of Welfare and Institutions Code section 11482.

In July 1968, a complaint was filed in the municipal court against appellant alleging violations of Penal Code section 488, in three counts— the violations having taken place on January 15, April 15, and May 15, 1968. Each count is identical except for the date and, with that exception, each alleges:

On February 16, 1970, an amended complaint was filed charging appellant with the same three counts in violation of Welfare and Institutions Code section 11482. Each of the counts, except for the date, reads:

Appellant contends that: (1) the filing of the amendment is equivalent to the filing of new charges and each count is, therefore, barred by the one-year statute of limitations (Pen. Code, § 801), and the court must dismiss the complaint, and (2) the lower court, by permitting the amendment and the trial to proceed, is violating…