Stogner

Stogner v. Superior Court

Good Law
114 Cal. Rptr. 2d 37·2001 Cal. App. LEXIS 2198·2001 Daily Journal DAR 12305·93 Cal. App. 4th 1229·2001 Cal. Daily Op. Serv. 9864
Court of Appeal of CaliforniaNovember 21, 2001A094828California4,235 words

Opinion

Opinion

Simons, J.

In this proceeding, we revisit the question whether petitioner Marion Reynolds Stogner may be prosecuted for child molestations allegedly committed between 1955 and 1973. In an earlier decision, we concluded that prosecution was not barred by ex post facto or due process principles. (People v. Stogner (Oct. 14, 1999, A084772) [nonpub. opn.].) Today we determine that prosecution is not precluded as a matter of statutory interpretation.

Procedural History

In April 1998, a criminal complaint was filed charging petitioner with two counts of a lewd act upon a child (Pen. Code, § 288, subd. (a)) committed 25 to 43 years earlier. Count one alleged lewd conduct upon Jane Doe I between January 1, 1955, and September 30, 1964. Count two alleged lewd conduct upon Jane Doe II between January 1, 1967, and September 27, 1973. The complaint acknowledged on its face that the limitations period for the offenses had expired, but alleged that the charges could be prosecuted pursuant to section 803, subdivision (g) (hereafter section 803(g)).

Effective January 1, 1994, section 803(g) extended the limitations period for certain sex offenses to one year following a report to a law…

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