Bunn
People v. Bunn
Opinion
Opinion
Phelan, J.
The People appeal from an order by which the Lake County Superior Court denied their motion to reinstate the first amended complaint filed against respondent Ronald Stacy Bunn (Bunn). (Pen. Code, § 1238, subd. (a)(9).) That complaint, filed March 3, 1995, contained 5 counts of forcible rape of a person under the age of 18 (§ 261, subd. (a)(2)), and 1 count of oral copulation with a person under the age of 18 (§ 288a, subd. (b)(1)), based on allegations that Bunn sexually molested his daughter during a 6-month period in 1981, when she was 15 and 16 years old. The motion to reinstate the complaint was denied on June 13, 1995, under the authority of Lynch v. Superior Court (1995) 33 Cal.App.4th 1223 [ 39 Cal.Rptr.2d 414 ] (Lynch), a case in which a similar complaint was barred by the previously applicable statute of limitations, and the court held that any attempt to revive it pursuant to section 803, subdivision (g), would violate both section 805.5, subdivision (c)(1), and the ex post facto clauses of the state and federal Constitutions (U.S. Const., art. I, § 10; Cal. Const., art. I, § 9). We affirm.