Larry Thomas appeals from his convictions for sexual offenses against four minors. Defendant contends that the trial court erred in failing to sua sponte instruct the jury on Penal Code section 302, subdivision (g), a statutory provision extending the limitations period for three counts of forcible sodomy.
In the published part of our opinion, we hold that where the information alleges facts that avoid the statute of limitations bar, defendant must raise the limitations issue in the trial court or it is forfeited. As to defendant's other contentions, we hold that the trial court was not required to submit the limitations extension issue to the jury under Apprendi v. New Jersey(2000)530 U.S. 466 (Apprendi). We also hold that battery is a lesser included offense of lewd acts. In the unpublished part of our opinion we hold that there was substantial evidence to support the â€
Description
In defendant's trial for sexual offenses, trial court did not have a duty under Apprendi to instruct jury to decide, along with the elements of the crimes charged, the applicability of a statutory provision extending the limitations period for filing the criminal complaint. Where the information alleges facts that avoid the statute of limitations bar, defendant must raise the limitations issue in the trial court or it is forfeited. Defendant was not prejudiced by counsel's failure to raise statute of limitations at trial where there were numerous victims with similar allegations, making it improbable that the passage of time or age difference would have led the jury to conclude allegations of earliest victim lacked clear and convincing corroboration. Battery is a lesser included offense of lewd acts.
