Legal Opinion

Jamieson v. Hickey

California Court of Appeal

Decided March 11, 1988No. B028727Published

1Opinion of the Court

Opinion

GILBERT, J.

The statute of limitations for bringing a civil action for damages against a defendant based on the defendant’s commission of a felony is one year after judgment is pronounced. (Code Civ. Proc., § 340.3.) We hold here that even when the felony conviction is subsequently reduced to a misdemeanor, the statute of limitations is still one year from the original felony judgment. We therefore affirm the judgment.

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Facts

Defendant, Thomas Patrick Hickey, pleaded no contest to the charge of committing sexual battery against Judith Jamieson in violation of Penal Code section 243.4. The…

2Cases cited3 opinions

  1. People v. DowningCalifornia Court of Appeal · 1985
  2. People v. BozigianCalifornia Court of Appeal · 1969
  3. Newman v. NewmanCalifornia Court of Appeal · 1987

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