Bunn

People v. Bunn

Good Law
115 Cal. Rptr. 2d 192·2002 Cal. LEXIS 6·2002 Daily Journal DAR 309·27 Cal. 4th 1·37 P.3d 380
Supreme Court of CaliforniaJanuary 10, 2002No. S086128California10,884 words

Opinion

Lead Opinion

Baxter, J.

In 1994 and thereafter, the Legislature established and amended a special supplementary statute of limitations for certain sex crimes against minors. (Pen. Code, § 803, subd. (g) (section 803(g)).) 1 Under specified circumstances, the 1994 law, as more recently refined, revives the limitations period for such offenses after the usual statute of limitations has expired, even if both the crime, and expiration of the usual limitations *5 period, occurred before 1994. We found that these retroactive features did not offend either ex post facto or due process principles in People v. Frazer (1999) 21 Cal.4th 737 [ 88 Cal.Rptr.2d 312 , 982 P.2d 180 ] (Frazer) (cert. den. sub nom. Frazer v. California (2000) 529 U.S. 1108 [ 120 S.Ct. 1960 , 146 L.Ed.2d 792 ], rehg. den. (2000) 530 U.S. 1284 [ 120 S.Ct. 2765 , 147 L.Ed.2d 1023 ]).

We granted review in this case and its companion, People v. King (2002) 27 Cal.4th 29 [ 115 Cal.Rptr.2d 214 , 37 P.3d 398 ] (King), to consider an additional narrow issue presented by this legislation. In 1996 and 1997, section 803(g) was amended to authorize, in certain circumstances, the filing of a molestation charge even where an accusatory pleading…

Concurring Opinion

Brown, J.

I concur in the judgment under compulsion of People v. Frazer (1999) 21 Cal.4th 737 [ 88 Cal.Rptr.2d 312 , 982 P.2d 180 ] (see id. at pp. 782-784 (dis. opn. of Brown, J.)) and Plaut v. Spendthrift Farms, Inc. (1995) 514 U.S. 211 [ 115 S.Ct. 1447 , 131 L.Ed.2d 328 ].

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