Prevost

People v. Prevost

Caution
1998 Cal. App. LEXIS 48·60 Cal. App. 2d 1382·60 Cal. App. 4th 1382·71 Cal. Rptr. 2d 487·98 Daily Journal DAR 730
Court of Appeal of CaliforniaJanuary 21, 1998B103652California6,288 words

Opinion

Opinion

Woods, J.

Appellants were convicted of conspiracy to manufacture, distribute, sell and/or advertise cable television signal decoder boxes without the authorization of a franchised or licensed cable television system in violation of Penal Code section 593d, former subdivision (b). On appeal appellants challenge the constitutionality of section 593d, former subdivision (b), arguing it is vague and contravenes federal law. They also attack the sufficiency of the evidence supporting their convictions. Appellants further contend that their convictions are invalid because they were charged after the statute of limitations had expired. As set forth below, we conclude section 593d, former subdivision (b) is clear on its face and at the time relevant to this case was consistent with the federal laws governing the cable television industry. In addition, we find that sufficient evidence supported appellants’ convictions and that appellants were charged within the appropriate three-year statute of limitations for conspiracy. Accordingly, we affirm.

Factual and Procedural History

This case concerns the manufacture and sale of equipment used to receive cable television signals. Our analysis,…

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