Thomas
People v. Thomas
Opinion
Opinion
Gemello, J.
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 former section 803, 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 [ 147 L.Ed.2d 435 , 120 S.Ct. 2348 ] (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 In the unpublished part of our opinion we hold that there was substantial evidence to support the “substantial sexual conduct” allegation as to count three. We reverse the judgment of conviction on one lewd act count, affirm the remainder of the judgment, and remand.