People v. Fine

Opinion

CROSKEY, J.

Penal Code section 803, subdivision (c), provides for a “discovery” rule which tolls the otherwise applicable statute of limitations with respect to those offenses, “a material element of which is fraud or breach of a fiduciary obligation . . . ,” and which specifically includes a “violation of section 25540, of any type, or section 25541 of the Corporations Code.” (Italics added.) Because the trial court refused to apply this statutory tolling rule to 17 counts of a criminal information charging violations of Corporations Code section 25110 (proscribing the offer or sale of…