Newman

Glinda Newman appeals from the judgment, after court trial, awarding William C. Newman damages of $50,000 for injuries he suffered when she shot him. We reverse.

The issue on appeal is whether Code of Civil Procedure section 340.3, which provides for an extended period for commencing an action for damages based on a defendant’s commission and conviction of a felony offense, applies when a defendant has been found not guilty by reason of insanity.

Facts

On May 14, 1983, Glinda Newman invited William Newman, her ex-husband, to her home and shot him, inflicting serious injuries. Glinda was charged with attempted murder. (Pen. Code, §§ 664/187.) Other charges were eventually dismissed.

On June 15, 1984, William sued Glinda for damages for his injuries. Glinda demurred, claiming the action was barred by section 340, which provides a one-year statute of limitations for an action for injury caused by the wrongful act of another. The demurrer was overruled. Glinda’s answer again raised the statute of limitations as a defense.

On July 31, 1985, Glinda changed her plea in the criminal action from not guilty and not guilty by reason of insanity to nolo contendere and not guilty…