Simpson

On January 9, 1985, defendant was arrested and charged with eight counts of lewd or lascivious acts with a child under the age of 14. (Pen. Code, § 288, subd. (a).) 1 Following a preliminary hearing, the defendant moved to dismiss count VIII for failure to prosecute within the prescribed time period. The motion was granted and the People appeal, contending count VIII is subject to a six-year limitation period. We agree and reverse.

Count VIII of the information alleges defendant, in February 1979, committed an act in violation of section 288, subdivision (a). At that time, the section provided the offense was punishable by three, five or seven years imprisonment; these are the terms applicable to Simpson. The section was amended in 1981, raising the prescribed punishment to three, six or eight years. There is no dispute as to the maximum punishment applicable to count VIII. Simpson can receive at most the maximum term applicable at the time the act was committed, namely, seven years. (People v. Fulton (1979) 92 Cal.App.3d 972 [ 155 Cal.Rptr. 327 ].) . ,

*1128 Additionally, both parties agree a six-year limitation period governed the February 1979 allegations until…