Opinion
B164985.
7-9-2003
THE PEOPLE, Plaintiff and Respondent, v. DANIEL PAYAN, Defendant and Appellant.
Adrian M. Baca for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Nora Genelin, Deputy Attorney General, for Plaintiff and Respondent.
Defendant, Daniel Roberto Payan, appeals from his felony convictions for various sex offenses all of which occurred between 1976 and 1983. The felony complaint was filed on August 22, 2002. Defendant pled nolo contendere on November 8, 2002. The only reason the felony complaint was timely filed was because of the statute of limitations provisions of Penal Code section 803, subdivision (g)(1). The trial court issued a probable cause certificate allowing defendant to litigate the constitutionality of Penal Code section 803, subdivision (g)(1).
On June 26, 2003, the United States Supreme Court invalidated Penal Code section 803, subdivision (g)(1) on ex post facto grounds. (Stogner v. California (June 26, 2003, No. 01-1757) __ U.S. __, __-__ .) Both defendant and the Attorney General request that we summarily reverse the judgment in its entirety and immediately issue the remittitur. The parties have waived oral argument. Under the compulsion of Stogner, we must reverse the judgment.
The judgment is reversed and the remittitur is to issue forthwith.
We concur: GRIGNON, J. and ARMSTRONG, J.