Does a trial court have a sua sponte obligation to give unanimity instruction on the statute of limitations in a conspiracy?

California, United States of America

The following excerpt is from People v. Martinez, 10 Cal.App.5th 686, 216 Cal.Rptr.3d 814 (Cal. App. 2017):

Even were the issue not forfeited, we would not be persuaded the trial court has a sua sponte obligation to give an unanimity instruction on the statute of limitations in a conspiracy. As a general rule, the trial court need only instruct on the statute of limitations when placed at issue by the defense as a factual matter in the trial. (People v. Smith (2002) 98 Cal.App.4th 1182, 11921193, 120 Cal.Rptr.2d 185 (Smith ).) In asserting this general principle does not apply here, Romero relies

[216 Cal.Rptr.3d 838]

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Does a trial court have a sua sponte obligation to give unanimity instruction on the statute of limitations in a conspiracy?

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