People v. Biane CA4/2
Opinion
Opinion
INTRODUCTION
Defendants and respondents Paul Biane, Mark Kirk, James Erwin and Jeffrey
Burum are defendants in a long-running political corruption prosecution, which has been
the subject of several prior appeals. At issue in this appeal is the trial court’s order
sustaining the defendants’ demurrers to count 1 of the indictment, without leave to
amend, and the subsequent dismissal of that count, based on the trial court’s conclusion
that the conspiracy alleged in count 1 was subject to a three-year statute of limitations
and that the prosecution was time-barred. The Attorney General contends that count 1,
as an offense “the basis of which is misconduct in office,” (Pen. Code, § 803, subd. (c))
is governed instead by the four-year statute of limitations provided for in Penal Code
section 801.5, and that the prosecution of count 1 is therefore not time-barred. We
disagree, and we will affirm the judgment of dismissal as to count 1.
FACTUAL BACKGROUND
As stated in People v. Biane (2013) 58 Cal.4th 381 (Biane I), the factual
background is as follows:
“On May 9, 2011, a grand jury issued a 29-count indictment against Paul Antoine