Jamieson v. Hickey

California Court of Appeal Mar 11, 1988 No. No. B028727Published

Before: Gilbert

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Holding. The statute of limitations for a civil action based on a felony conviction remains one year from the original felony judgment, even if that conviction is subsequently reduced to a misdemeanor.

Issues

Whether the statute of limitations under Code of Civil Procedure section 340.3 applies when a felony conviction is later reduced to a misdemeanor.
Whether a restitution order as a condition of probation tolls the statute of limitations under Code of Civil Procedure section 352.5.

Disposition. affirmed

Quotations verified verbatim against the opinion

“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.”

“Where an offense may be either a felony or misdemeanor depending on punishment, the offense stands as a felony for every purpose up to judgment, and the misdemeanor judgment subsequently rendered has no retroactive effect.”

Opinion

GILBERT, J. 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.

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, subdivision (b)(3).

In a court trial in September 1986, the civil court found Hickey liable to Jamieson and awarded her compensatory damages of $10,000. Hickey appeals the judgment. He claims the lawsuit was barred by the statute of limitations.

[598]Discussion Statute of Limitations

Under Code of Civil Procedure section 340.3, the statute of limitations for bringing an action for damages “against a defendant based upon such person’s commission of a felony offense for which the defendant has been convicted” is one year from the date judgment is pronounced.1 Hickey contends that because his conviction was reduced to a misdemeanor, Code of Civil Procedure section 340.3 is inapplicable. Her cause of action therefore accrued at the time she suffered the injury, and not on the date the criminal conviction was pronounced. He therefore argues that the trial court committed reversible error in denying his motion for summary judgment because the lawsuit was barred by the one-year statute of limitation.

Jamieson v. Hickey

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