Price

People v. Price

Good Law
155 Cal. App. 4th 987·2007 Cal. App. LEXIS 1617·66 Cal. Rptr. 3d 595
Court of Appeal of CaliforniaSeptember 27, 2007B192975California3,822 words

Opinion

Opinion

Aldrich, J.

INTRODUCTION

What limitations period applies to the crimes of grand theft, forgery, and burglary? Does a three-year limitations period apply to those crimes, as defendant and appellant Marie Elaine Price contends? Or does a four-year limitations period apply to them, as the People contend? We hold that grand theft and forgery are subject to the four-year limitations period in Penal Code sections 801.5 and 803, subdivision (c). We also hold that, regardless of which limitations period applies to burglary, the prosecution of Price for that crime was timely under the facts of this case. We therefore affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

I. Factual background.

On November 23, 2002, Joe Zamora and Price went to Orange Liquor and Junior Mart. Price cashed two checks, one payable to herself in the amount of $886.23 and the other payable to Zamora in the amount of $986.23. Although the payor on both checks was listed as “Cal. Poly. Pomona,” it did not issue the checks.

II. Procedural background.

On April 13, 2006, the People filed an information charging Price in count 1 with second degree commercial burglary (Pen. Code, § 459), in count 2 with forgery by…

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