Does the statute of limitations apply to a wobbler who is convicted of a misdemeanor but sentenced as a felony?

California, United States of America


The following excerpt is from People v. Statum, 122 Cal.Rptr.2d 572, 28 Cal.4th 682, 50 P.3d 355 (Cal. 2002):

This rule restricting conviction of time-barred lesser offenses does not apply to a wobbler charged as a felony but sentenced as a misdemeanor. The statute of limitations for felony offenses applies to a wobbler charged as a felony even when the wobbler is sentenced as a misdemeanor. (Doble v. Superior Court (1925) 197 Cal. 556, 575-577, 241 P. 852.) As codified, the rule governing the statute of limitations for wobblers declares that "[a]n offense is deemed punishable by the maximum punishment prescribed by statute for the offense, regardless of the punishment actually sought or imposed." (Pen.Code, 805, subd. (a).) The reason for this distinction is "`that a crime which is punishable by imprisonment either in the state prison or by fine or imprisonment in the county jail in the discretion of the court, is, and forever remains, a felony, but that if the punishment imposed is other than imprisonment in the state prison, although the nature of the crime is not changed, yet for all purposes thereafter arising it is regarded as being a misdemeanor.'" (Doble v. Superior Court, supra, at p. 574, 241 P. 852, italics added, original italics omitted.)

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