California, United States of America
The following excerpt is from People v. Zulauf, E064319 (Cal. App. 2016):
As explained in People v. Crabtree (2009) 169 Cal.App.4th 1293, 1309-1310: "Based on similar reasoning, if an offense is an alternative felony/misdemeanor (wobbler) initially charged as a felony, the three-year statute of limitations for felonies applies, without regard to the ultimate reduction to a misdemeanor after the filing of the complaint. [Citations.] If, however, the initial charge is a felony, but the defendant is convicted of a necessarily included misdemeanor, the one-year limitation period for misdemeanors applies. [Citation.]" In this case, the offense of filing a false report of vehicle theft (count 5) was originally filed as a misdemeanor and defendant had no prior convictions under Vehicle Code section 10501. For this reason, the conviction on count 5 must be reversed as time barred.
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