People v. Superior Court (German)
Opinion
Opinion
Hastings, J.
INTRODUCTION
In this case we are called upon to construe the effect of Penal Code section 803, subdivision (g)(1) (hereafter section 803(g)). That subdivision states: “Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under the age of 18 years, was the victim of a crime described in Section . . . 288.”
On March 28, 2001, Michael German was charged with the felony of committing a lewd act upon a child under age 14 between the dates of January 1, 1993, and January 31, 1995. The crime charged was punishable by a sentence to state prison for three, six or eight years. (§ 288, subd. (a).) It was also alleged that pursuant to section 803(g), the victim made a police report within one year prior to the filing date:
Ultimately, German pleaded no contest to the charge, was convicted, and was sentenced to six years in prison.
In 2003, German petitioned for a writ of habeas corpus. He argued that the charged crime was subject to a six-year statute of limitations, which, but for the application…