People v. Sillas

123 Cal.Rptr.2d 340 (2002) 100 Cal.App.4th Supp. 1 The PEOPLE, Plaintiff and Appellant,

v.

Roberto SILLAS, Defendant and Respondent.

No. BR 41430. Appellate Division, Superior Court, Los Angeles County.

May 29, 2002. Michael P. Judge, Public Defender of Los Angeles County, Albert J. Menaster, Jean Costanza, and Jack T. Weedin, Deputy Public Defenders, for defendant and respondent.

Rockard J. Delgadillo, Los Angeles City Attorney, Debbie Lew, Assistant City Attorney, by Candice I. Horikawa, Deputy City Attorney, for plaintiff and appellant.

OPINION AND JUDGMENT

BEVERLY, P.J.

The order of the court dismissing the action is reversed.

[341] STATEMENT OF THE CASE

Plaintiff and appellant, the People of the State of California, appeal from the trial court's order dismissing the complaint filed against respondent Roberto Sillas for violations of Penal Code section 273.5, subdivision (a) (inflicting corporal injury on a spouse, two counts), Penal Code section 136.1, subdivision (b) (dissuading a witness), and Penal Code section 591 (causing injury to a phone line).

Respondent was alleged to have committed the actions described in the complaint on September 8 and 9, 1999. The complaint was filed on October 18, 2000, more than one year but less than three years later. Respondent filed a motion to dismiss based on a one-year statute of limitations for misdemeanors. The trial court granted the motion.

ARGUMENT

Appellant contends that the applicable statute of limitations for the charged offenses is controlled by Penal Code section 805, subdivision (a), which provides for a period of three years, not one year, and that the complaint was timely filed.