California Court of Appeal

Defendant's failure to raise a limitations defense in trial court prevents him from raising the issue for the first time on appeal, and because the statute of limitations is not an essential element of a conspiracy offense, any failure to instruct did not violate the federal constitution.

Appellate Information

• Decided 12/19/2002
• Published 01/17/2003

Judges

• O'ROURKE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Chris Truax, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Gary W. Schons, Assistant Attorneys General, Robert M. Foster, Steven T. Oetting, Deputy Attorneys General, for Plaintiff and Respondent.