PEOPLE v. THOMAS

PEOPLE v. THOMAS

Filed 1/18/07

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

            Larry Thomas appeals from his convictions for sexual offenses against four minors.  Defendant contends that the trial court erred in failing to sua sponte instruct the jury on Penal Code section 302, subdivision (g), a statutory provision extending the limitations period for three counts of forcible sodomy. 

            In the published part of our opinion, we hold that where the information alleges facts that avoid the statute of limitations bar, defendant must raise the limitations issue in the trial court or it is forfeited.  As to defendant's other contentions, we hold that the trial court was not required to submit the limitations extension issue to the jury under Apprendi v. New Jersey(2000)530 U.S. 466 (Apprendi).  We also hold that battery is a lesser included offense of lewd acts.  In the unpublished part of our opinion we hold that there was substantial evidence to support the â€