Crabtree

*1298 Opinion

Arthur George Crabtree appeals from the judgment entered following a jury trial that resulted in his conviction of felony attempted lewd act upon a child under age 14 (Pen. Code, §§ 288, subd. (a), 664; count 1 (“Hope”)). 1 Felony attempted sending harmful matter to minor (§§ 288.2, subd. (b), 664; counts 2, 4, 8); misdemeanor attempted child molesting (§§ 647.6, subd. (a), 664; counts 3 (“Becky”), 5 (“Hailey”), 6 (“Jenny”), 7 (“Sammy”)); misdemeanor child molesting (§ 647.6, subd. (a); count 9 (N.N.)); and felony lewd act upon a child age 14 or 15 by perpetrator at least 10 years older (§ 288, subd. (c)(1); count 10 (N.N.)). Appellant was sentenced to prison for five years and eight months.

Appellant contends his convictions for attempted child molesting in counts 3 (“Becky”) and 6 (“Jenny”) must be reversed, because they were not prosecuted within the one-year statute of limitations. He contends the trial court abused its discretion in denying his request for cocounsel status and violated his right to present a defense (U.S. Const., 14th Amend.) by not allowing the unspecified out-of-court statements of C.C. (H.H.’s sister), which were admissible under the state…

I write this concurrence for two reasons: first, to explain why I join in the majority’s reversal of appellant’s convictions under counts 3 and 6 for attempted misdemeanor molestation of a minor under 14 years old; and second, to call to the Legislature’s attention what may have been an oversight when it modified the statute of limitations for certain crimes, an oversight the Legislature may wish to correct.

The usual statute of limitations for misdemeanors is one year. (Pen. Code, § 802, subd. (a).) 1 Appellant contends the trial court erred in letting the jury convict him of the attempted misdemeanor molestation of “Becky” (count 3) *1329 and “Jenny” (count 6) because the People did not file those charges against him within one year of his commission of the offenses. Appellant acknowledges section 802, subdivision (b) extends the statute of limitations for misdemeanor child molestation of a minor under 14 years old to three years. He contends, however, that the three-year extension does not apply to his attempt to commit those crimes. I reluctantly agree he is correct.

Several legal principles compel me to accept appellant’s contention. First, the attempt to commit a crime is…

Arthur George Crabtree appeals from the judgment entered following a jury trial that resulted in his conviction of felony attempted lewd act upon a child under age 14 (Pen. Code, §§ 288, subd. (a), 664); count 1 ("Hope").) [1] Felony attempted sending harmful matter to minor (§§ 288.2, subd. (b), 664; counts 2, 4, 8); misdemeanor attempted child molesting (§§ 647.6, subd. (a), 664; counts 3 ("Becky"), 5 ("Hailey"), 6 ("Jenny"), 7 ("Sammy")); misdemeanor child molesting (§ 647.6, subd. (a); count 9 (N.N.)); and felony lewd act upon a child age 14 or 15 by perpetrator at least 10 years older (§ 288, subd. (c)(1); count 10 (N.N.)). Appellant was sentenced to prison for five years and eight months.

Appellant contends his convictions for attempted child molesting in counts 3 ("Becky") and 6 ("Jenny") must be reversed, because they were not prosecuted within the one-year statute of limitations. He contends the trial court abused its discretion in denying his request for cocounsel status and violated his right to present a defense (U.S. Const., 14th Amend.) by not allowing the unspecified out-of-court statements of C.C. (H.H.'s sister), which were admissible under the…