Opinion
A101486.
7-3-2003
THE PEOPLE, Plaintiff and Respondent, v. RAMIRO JACK LONG, Defendant and Appellant.
BY THE COURT:
Defendant Ramiro Jack Long appeals from his conviction on 10 counts of lewd and lascivious conduct. (Pen. Code, § 288, subd. (a).) Although each of the lewd acts occurred more than 30 years earlier, the jury found that the delayed prosecution was permissible under Penal Code section 803, subdivision (g).
On July 1, 2003, defendant filed a motion for summary reversal, arguing that the application of Penal Code section 803 , subdivision (g), to the facts of his case violates the ex post facto clause of the United States Constitution. (See Stogner v. California (June 26, 2003, 01-1757) ___ U.S. ___ (Stogner).) On July 2, 2003, in response to this courts inquiry, the Office of the Attorney General advised this court that it does not oppose the motion for summary reversal, waives oral argument on the motion, and stipulates to the immediate issuance of the remittitur in the event the court grants the motion.
Prosecution for each of the underlying offenses is, in fact, barred by the ex post facto clause of the United States Constitution, as interpreted by the United States Supreme Court in Stogner. Accordingly, the motion for summary reversal is granted, and the trial courts judgment is hereby reversed. Pursuant to the stipulation of the parties, this order 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.) --------------- Notes: Stevens, Acting, P.J., and Gemello, J., participating.