Jamieson

The statute of limitations for bringing a civil action for damages against a defendant based on the defendant’s commission of a felony is one year after judgment is pronounced. (Code Civ. Proc., § 340.3.) We hold here that even when the felony conviction is subsequently reduced to a misdemeanor, the statute of limitations is still one year from the original felony judgment. We therefore affirm the judgment.

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Facts

Defendant, Thomas Patrick Hickey, pleaded no contest to the charge of committing sexual battery against Judith Jamieson in violation of Penal Code section 243.4. The battery occurred on May 30, 1983. On October 21, 1983, Hickey received a suspended sentence and was ordered to serve 30 days in the county jail, pay a $500 fine, and $153.80 restitution to Jamieson.

On August 15, 1984, Jamieson filed a civil action against Hickey, seeking damages for personal injuries arising out of the sexual battery. On January 3, 1986—nearly 17 months after Jamieson filed her civil complaint—the criminal court which had earlier sentenced Hickey, granted his motion to terminate probation, declared the offense a misdemeanor and dismissed it, pursuant to Penal Code section 17,…