State v. Timoteo

I disagree with the approach taken by the majority in this case. In my view, our prior case law, our statutory scheme, the policies underlying statutes of limitations, and the policies underlying included offense instructions argue in favor of a different approach. Therefore, I respectfully dissent.

For the sake of clarity, I believe that the issue presented in this case, i.e., the effect of the statute of limitations on included offenses, should be separated into two subsidiary issues: (1) whether the statute of limitations for an included offense can be “waived” and (2) whether an included…