Lynch v. Superior Court

This mandate proceeding presents the question of law whether the statute of limitations provided in Penal Code section 803, subdivision (g) (effective January 1, 1994) may revive and extend the statutory limitations period which was in effect when the charged sex offenses were allegedly committed but which expired prior to the effective date of section 803, subdivision (g).

We conclude that such application of the new criminal statute of limitations is barred by ex post facto protections. (Sobiek v. Superior Court (1972) 28 Cal.App.3d 846, 849-851 [ 106 Cal.Rptr. 516 ]; U.S. Const., art. I, § 10; Cal. Const., art. I, § 9.) Such application is also barred by Penal Code section 805.5, subdivision (c)(1), which renders the section 803, subdivision (g) statute of limitations inapplicable to offenses for which the prior limitations period expired before January 1, 1985.

The petition challenges the overruling of defendant’s demurrer to an information on statute of limitations grounds.

Upon initial review of the petition this court requested preliminary opposition from the People.

After some earlier correspondence, the People ultimately filed a letter declining to file…