Can a person convicted of a charged offense raise the statute of limitations on appeal?
California, United States of America
The following excerpt is from People v. Phomvilay, F076279 (Cal. App. 2020):
"[W]hen the charging document indicates on its face that the action is time-barred, a person convicted of a charged offense may raise the statute of limitations at any time [including for the first time on appeal]. If the court cannot determine from the available record whether the action is barred, it should hold a hearing or, if it is an appellate court, it should remand for a hearing." (People v. Williams (1999) 21 Cal.4th 335, 341.)
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