State v. SmithAnnotate this Case
A defendant who claims that the offense as charged in the information is barred by the statute of limitations must raise the issue in the trial court in order to preserve the issue for direct appeal.
On appeal from his convictions for burglary of a dwelling with the intent to commit sexual battery or robbery and sexual battery committed with possession of a firearm, offenses that occurred more than twenty years earlier, Defendant argued for the first time that the prosecution for armed burglary was subject to the four-year limitations period provided in Fla. Stat. 775.15(2)(a). The Third District Court of Appeal certified a question of law to the Supreme Court as a question of great public importance. The Supreme Court answered by holding that a defendant must raise a claim that conviction of a charged offense violates the statute of limitations in the trial court to preserve the issue for direct appeal.