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Name: People v. Guevara
Case #: B163177
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 07/29/2004
Subsequent History: 10/20/04 rev. den.
Summary

The statute of limitations for the offense of filing a false nomination paper, in violation of Elections Code section 18203, is four years after discovery. Even though Penal Code section 801 provides that prosecution for offenses punishable by state prison must be commenced within three years from the commission of the offense, section 803, subdivision (c), states that crimes having as a material element fraud of breach of fiduciary duty are subject to a discovery rule. The list of eleven examples provided for in that section is not exhaustive, and includes any crime with a material element of fraud or breach of fiduciary duty. Therefore the trial court did not err by instructing the jury that the statute of limitations for the offense was four years after discovery.