Criminal
Aug. 1, 2002
'Wobbler' Must Fit Felony Guidelines
LOS ANGELES -Felony crimes that also can be charged as misdemeanors, known as "wobblers," are held to a felony's statute of limitations, not a misdemeanor's statute, an appellate court said Tuesday.
The published decision from the Los Angeles Superior Court's appellate division could give prosecutors two extra years to bring charges for many crimes.
Usually, the statute of limitations is three years for felonies and one year for misdemeanors.
Even if a prosecutor decides to charge the suspect with a misdemeanor from the very beginning, instead of later reducing the charges, he or she has three years to file the case, the court said.
In the underlying case, Los Angeles resident Roberto Sillas was charged with three wobblers as misdemeanors, but Sillas claimed the statute of limitations prevented prosecutors from bringing the charges, since more than one year had elapsed.
The appellate court's opinion reverses a trial court decision to dismiss the charges. People v. Sillas OCR30879 (L.A. Super. Ct., filed Oct. 18, 2000).
Katherine Gaidos
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