Opinion
A100192.
7-11-2003
THE PEOPLE, Plaintiff and Respondent, v. WILLIAM CHARLES BATEHAM, Defendant and Appellant.
Defendant William Charles Bateham appeals from his conviction on 14 counts of committing a lewd lascivious act on a minor (Pen. Code, § 288, subd. (a)) all occurring between January 1, 1977 and December 31, 1983, for which he was sentenced to 29 years and 4 months imprisonment. The information alleged that the prosecution was commenced in time pursuant to Penal Code section 803, subdivision (g), the statute extending the statute of limitations which became effective as of January 1, 1994. Defendant unsuccessfully challenged the validity of section 803, subdivision (g) as violating the ex post facto clause of the United States Constitution, and he timely appealed from the judgment.
The Attorney General has acknowledged that defendants conviction should be reversed in light of the recent decision of the United States Supreme Court in Stogner v. California (June 26, 2003, No. 01-1757) ___ U.S. ___ , waived oral argument, and stipulated to immediate issuance of the remittitur. Accordingly, the judgment is hereby reversed. Pursuant to stipulation, this opinion is final for all purposes immediately upon filing, and the clerk of the court shall immediately issue the remittitur herein. (See Ng v. Superior Court (1992) 4 Cal.4th 29, 34, fn. 1, 840 P.2d 961.)
We concur: McGuiness, P.J., and Parrilli, J.