Can a defendant waiving the statute of limitations and be convicted of a time-barred charged offence?

California, United States of America


The following excerpt is from People v. Trujillo, B282616 (Cal. App. 2018):

9. Although Trujillo did not directly raise this issue below, a "defendant may not inadvertently forfeit the statute of limitations and be convicted of a time-barred charged offense." (People v. Williams (1999) 21 Cal.4th 335, 338.) There is nothing in the record to indicate Trujillo intended to waive the statute of limitations. Therefore, we may consider the argument for the first time on appeal.

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