Zandrino

People v. Zandrino

Good Law
100 Cal. App. 4th 74·121 Cal. Rptr. 2d 879·2002 Cal. App. LEXIS 4393·2002 Daily Journal DAR 7883·2002 Cal. Daily Op. Serv. 6313
Court of Appeal of CaliforniaJuly 15, 2002A095434California4,912 words

Opinion

Opinion

Parrilli, J.

On May 4, 2000, Peter Richard Zandrino, a former police officer, was charged with five counts of oral copulation and nine counts of lewd acts on a child under age 14. (Pen. Code, § 288, subds. (a) & (c)(1).) The charges concerned four separate victims and alleged lewd conduct from 1969 to 1971 and from 1977 to 1982. Zandrino demurred, claiming the prosecution was barred by applicable statutes of limitations. Specifically, he argued the limitations periods could not be extended or tolled by section 803, subdivision (g) (hereafter section 803(g)) because, pursuant to another statute (§ 805.5), the tolling provision does not apply to any offense for which the statute of limitations expired before January 1, 1985. The trial court overruled Zandrino’s demurrer, and we summarily denied his subsequent writ petition. {Zandrino v. Superior Court (Sept. 12, 2000, A092302) [nonpub. opn.].) Thereafter, following the trial court’s denial of a motion to dismiss certain counts of the information for lack of corroboration (§ 995), Zandrino pleaded no contest to five counts of lewd conduct on a child under age 14. He obtained a certificate of probable cause and timely filed this…

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