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Name: People v. Zandrino
Case #: A095434
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 07/15/2002
Subsequent History: Rev. denied 10/30/02.
Summary

In this opinion, the First DCA, Division 3, followed the opinion issued by its Division 5 in Stogner v. Superior Court [(2001) 93 Cal. App. 4th 1229], and rejected the contrary holding in Lynch v. Superior Court [(1995) 33 Cal. App. 4th 1223], in holding that the provisions of Penal Code section 805.5 do not supercede the provisions of section 803(g). Therefore, the prosecution of a time-barred offense under section 803(g) is permissible even where the statute of limitations for the offense had expired as of January 1, 1985. Further, section 803(g) is not an ex post facto law, nor is it impermissibly vague.