Guevara

People v. Guevara

Good Law
121 Cal. App. 4th 17·16 Cal. Rptr. 3d 738·2004 Cal. App. LEXIS 1244·2004 Daily Journal DAR 9320·2004 Cal. Daily Op. Serv. 6888
Court of Appeal of CaliforniaJuly 29, 2004B163177California4,091 words

Opinion

Opinion

Aldrich, J.

I.

INTRODUCTION

Defendant and appellant Linda Luz Guevara was twice elected to the Huntington Park City Council even though she resided in Downey. In two different sets of election papers, she misrepresented where she lived and stated that she resided in Huntington Park. Appellant was convicted by jury of two counts of felony perjury by declaration (Pen. Code, § 118) and two counts of filing a false nomination paper or declaration of candidacy (Elec. Code, § 18203). Appellant appealed from the judgment.

Appellant contends: (1) the trial court erred in instructing the jury that the statute of limitations for the offense of filing a false nomination paper (Elec. Code, § 18203) was four years after discovery; (2) two of the convictions must be reversed because the statute of limitations had run prior to the commencement of the prosecution; (3) the trial court prejudicially erred in limiting cross-examination of a prosecution witness; and (4) the prosecution’s failure to disclose a document in discovery (Pen. Code, § 1054.1) warranted a mistrial.

In the published portions of this opinion (pts. I, II, III.A, and IV) we address the first contention, which we conclude is…

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