Tuesday, March 1, 2011

Oral Arguments Tomorrow Before the First District Court of Appeals

Tomorrow I have 20 minute oral argument before the First District Court of Appeals, where I represent the Appellant in an appeal of his criminal conviction for one count of violating Penal Code section 182(a)(1) - conspiracy.

The issue raised on appeal is whether the prosecution is time barred, as the initiation of the proceeding tolled by virtue of obtaining an arrest warrant, was more than 3 years after the Last Overt Act in furtherance of the intended conspiracy.

The AG's Office is contending that conspiracy to commit computer fraud is subject the the statute of limitations for the substantive offense, computer fraud. Which under Penal Code section 801.5 and 803(c) is both tolled until the discovery of the fraud and the subject to a 4-year statutory period.

My claim is that under California Case Law, the crime of conspiracy is a stand alone and separate inchoate crime, which the courts have held to be subject to the 3-year period, pursuant to Penal Code section 801.

However, there does not seem to be a case directly on point and this is the issue presented before the court.

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