Prosecution of appellant for burglary, forgery, and theft was timely under Penal Code section 803, subdivision (c). Appellant challenged her prosecution for grand theft, forgery, and burglary as time-barred under the three-year limitations period in Penal Code section 801. Respondent contended that a four-year limitation period applies to those offenses under section 801.5 and 803. The appellate court found that grand theft and forgery are offenses described in section 803(c), and are therefore subject to a four-year limitation. The prosecutions for grand theft and forgery were therefore timely. However, neither the face of the statute nor the legislative history support a conclusion that burglary is subject to a four-year period. Burglary is not expressly listed in section 803 (c). However, the prosecution of appellant was still timely because the arrest warrant was issued within the three-year limitation period.
Case Summaries