Does a judge have a duty to give sua sponte instructions on a lesser included offense barred by the statute of limitations?
California, United States of America
The following excerpt is from People v. Diedrich, 182 Cal.Rptr. 354, 31 Cal.3d 263, 643 P.2d 971 (Cal. 1982):
Whatever a trial court's duty to give sua sponte instructions may be, it need not instruct on a lesser included offense [643 P.2d 982] barred by the statute of limitations. (People v. Vallerga (1977) 67 Cal.App.3d 847, 881-883, 136 Cal.Rptr. 429.) Defendants concede that prosecution under section 70
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