P. v. Buckingham
On January 31, 2006, the Kern County District Attorney filed an information in superior court charging appellant Joshua Shannon McProud aka Robert Steven Buckingham with second degree burglary of a vehicle (Pen. Code, 460, subd (b)). On February 1, 2006, appellant was arraigned and pleaded not guilty to the substantive count. Appellants sister, Roni Shannon Dansby, and mother, Shirlee Baker, testified appellant spent Christmas and New Years with them at their family home in Coleman, Texas. Baker said her mother was suffering from terminal cancer and appellants trip to Texas was a Christmas present to her. Dansby and Baker also said appellant did not leave Texas until January 2, 2000. On that date, he drove home to California with Dansby. Dansby said she and appellant arrived in Santa Clarita on January 3, 2000. Neither Dansby nor Baker had ever heard appellant use the name Joshua McProud.
In view of trial counsels acknowledgment that McProud and appellant Buckingham were one and the same person, we may reasonably conclude that the issuance of the warrant shortly after the commission of the crime tolled the limitations period as a matter of law. Reversal on this ground is not required. The judgment is affirmed.
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