Does a defendant have a right to raise the statute of limitations at trial?

California, United States of America


The following excerpt is from People v. Nemati, A127253, Contra Costa County Super. Ct. No. 5-090481-3 (Cal. App. 2011):

this right. (People v. Lynch, supra, 182 Cal.App.4th at pp. 1276-1277.) The only indication in the record that defendant ever raised the statute of limitations is the trial court's ruling, which responded to a motion to dismiss made after the close of evidence. In the absence of a timely request from defense counsel to submit the statute of limitations issue to the jury, there was no error in the court's failure to do so.

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