What is the effect of the trial court's recent statute of limitations ruling on a motion to dismiss?

The timing of the trial court's statute of limitations ruling also refutes defendant's claim he was deprived of his right to have the jury resolve the issue. While a defendant is entitled to have genuine factual issues concerning the statute of limitations submitted to the jury, the failure to raise these issues prior to submission of the case to the jury waives 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.

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