Can a claim that a conviction is barred by the statute of limitations be raised on appeal?
California, United States of America
The following excerpt is from People v. Hammons, C069317 (Cal. App. 2015):
A claim that a conviction is barred by the statute of limitations may be raised at any time, even for the first time on appeal. (People v. Morris (1988) 46 Cal.3d 1, 13, fn. 4, overruled on another issue in In re Sassounian (1995) 9 Cal.4th 535, 543, fn. 5.) We therefore must vacate the convictions for the crimes alleged in counts two, three, and five, along with the sentences and fines associated with those counts.
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