Keener

This case presents the issue — apparently one of first impression in California — whether an alternative felony-misdemeanor, when reduced to misdemeanor status more than a year after the date of the alleged crime, is barred by the one-year misdemeanor statute of limitations.

The incident in question occurred on February 6, 1975, and led to the filing of a Penal Code section 243 charge (battery upon a police officer), (a so-called “wobbler”) on March 18, 1976, beyond the one-year misdemeanor, but well within the three-year felony statute of limitations.

*215 On April 21, 1977, after a preliminary examination, the court reduced the charge to a misdemeanor pursuant to Penal Code section 17, subdivision (b)(5), and on September 1, 1977, respondents’ motion to dismiss was denied in the municipal court. Thereafter, on Qptober 25, 1977, the superior court granted a peremptory writ of prohibition ordering the municipal court to refrain permanently from any further proceedings with the case. The People, real party in interest (hereinafter appellant), filed timely notice of appeal.

The single question before us is whether under these circumstances the applicable statute of…