Does a defendant have to plead at trial that the prosecutor need to prove the crime occurred on a specific date?

California, United States of America


The following excerpt is from People v. Merritt, E062540 (Cal. App. 2017):

Defendant asserts that, because he relied upon an alibi defense, the trial court erred by instructing the jury that the prosecutor need not prove the crime occurred on a specific date. (CALCRIM No. 207.)

We apply the de novo standard when reviewing alleged instructional errors. (People v. Hamilton (2009) 45 Cal.4th 863, 948.)

In People v. Barney (1983) 143 Cal.App.3d 490, the appellate court explained, "Ordinarily, the People need not plead the exact time of commission of an alleged offense. ( 955.) However, if the defense is alibi or, as here, lack of opportunity to commit the offense, the exact time of commission becomes critically relevant to the maintenance of the defense. An instruction which deflects the jury's attention from

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