P. v. Alvarado
Following a court trial, defendant Salvador Alvarado was convicted of first degree burglary (Pen. Code 459, 460)[1] and sentenced to the two-year mitigated term, to be served concurrently with the sentence in an unrelated case. On appeal, defendant contends that the trial court erroneously overruled his demurrer based on the statute of limitations, and that the evidence adduced at trial does not overcome the statute of limitations bar. Court find that the demurrer was properly overruled; however, Court must reverse the conviction and remand the matter to the trial court with directions to determine whether the burglary charge was time barred. The judgment is reversed.
Comments on P. v. Alvarado