Opinion
B165473.
7-23-2003
THE PEOPLE, Plaintiff and Respondent, v. JERRY W. HUGHES, Defendant and Appellant.
Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Thien Huong Tran, Deputy Attorney General, for Plaintiff and Respondent.
Defendant, Jerry W. Hughes, appeals from his felony convictions for various sex offenses all of which occurred between 1964 and 1974. Criminal proceedings commenced on August 1, 2001. Defendant was convicted after a court trial on March 5, 2003.
The only reason the felony complaint was timely filed was because of the statute of limitations provisions of Penal Code section 803, subdivision (g). On June 26, 2003, the United States Supreme Court invalidated Penal Code section 803, subdivision (g) on ex post facto grounds. (Stogner v. California (2003) 156 L. Ed. 2d 544, ___ U.S. ___, ___ - ___ [123 S. Ct. 2446, 2461].) Both defendant and the Attorney General request that we summarily reverse the judgment in its entirety. We agree that the judgment must be reversed under the compelling authority of Stogner.
The judgment is reversed. The remittitur is to issue forthwith.
We concur: GRIGNON, J. ARMSTRONG, J.