PEOPLE v. THOMAS
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.
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