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KEENER v. MUNICIPAL COURT

Docket No. 43481.

91 Cal.App.3d 213 (1979)

154 Cal. Rptr. 107

MARK STEVEN KEENER et al., Plaintiffs and Respondents, v. THE MUNICIPAL COURT FOR THE FREMONT-NEWARK-UNION CITY JUDICIAL DISTRICT OF ALAMEDA COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Appellant.

Court of Appeals of California, First District, Division One.

March 29, 1979.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger and George Deukmejian, Attorneys General, Jack R. Winkler and Robert H. Philibosian, Chief Assistant Attorneys General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins, Robert G. Granucci and Richard G. Tullis, Deputy Attorneys General, for Real Party in Interest and Appellant.

Paul N. Halvonik, State Public Defender, under appointment by the Court of Appeal, Clifton R. Jeffers, Chief Assistant State Public Defender, Michael G. Millman and Robert P. Mason, Deputy State Public Defenders, James C. Hooley, Public Defender, Jay B. Gaskill, Assistant Public Defender, Frederick R. Remer and Bonjour, Gough, Stone & Remer for Plaintiffs and Respondents.

No appearance for Defendant and Respondent.

OPINION

NEWSOM, J.

This case presents the issue — apparently one of first impression in California — whether an alternative felony-misdemeanor, when reduced to misdemeanor status more than a year after the date of the alleged crime, is barred by the one-year misdemeanor statute of limitations.

The incident in question occurred on February 6, 1975, and led to the filing of a Penal Code section 243 charge (battery...

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