Plaintiff-appellant State of Hawai'i (the prosecution) appeals from a circuit court order granting defendant-appellee George Ti-moteo’s motion for judgment of acquittal following a jury verdict of guilty of the time-barred lesser included offense of simple trespass in violation of Hawai'i Revised Statutes (HRS) 708-815 (1985). On appeal, the prosecution contends that (1) this court has jurisdiction over the instant appeal; (2) this appeal pursuant to HRS § 641-13(9) does not violate double jeopardy protections under the United States Constitution or the Hawai'i Constitution; and (3) the circuit court erred by concluding that the statute of limitations for simple trespass was jurisdictional and could not be waived. For the reasons set forth below, we vacate the circuit court’s order granting Timoteo’s motion for judgment of acquittal and remand this case to the circuit court with instructions to reinstate the jury’s guilty verdict against Timoteo for simple trespass and to sentence him accordingly.
*110I. BACKGROUND
On May 13, 1993, Timoteo was re-indicted 1 as to the first count of an eight-count indictment2 for allegedly committing burglary in the first degree in violation of HRS § 708-810(l)(c) (1985).3 Timoteo was arraigned on June 21, 1993, and he entered a plea of not guilty.
On August 13, 1993, co-defendant Jonna-ven Monalim filed a motion to dismiss the indictment based upon an alleged violation of HRS § 701-108 (1985 & Supp.1992),4 asserting that the prosecution had failed to commence proceedings within the periods required by the applicable statutes of limitations. Timoteo subsequently joined Monal-im’s motion on September 8, 1993. A hearing on the motion took place on October 4, 1993. On October 11, 1993, the circuit court dismissed only the eighth count, which alleged that Monalim had committed the offense of terroristic threatening in the second degree, because terroristic threatening in the second degree was a misdemeanor and the two-year statute of limitations for misdemeanors had expired.5 The circuit court refused, however, to dismiss the remaining counts because those offenses were felonies for which the three-year statute of limitations had not expired.6
*111Commencing on December 28, 1993, Timo-teo, Joseph and Monalim were tried before a circuit court jury. Dennis Dilwith, Jr., Marc Kaanoi, Michael Barlog, Eric Kaanoi, and Joseph Carrero testified that on September 20, 1989, following an earlier confrontation, they were sitting in the living room of Marc Kaanoi’s house when Monalim and Joseph entered without knocking. They testified that Joseph carried a shotgun and told them, “[Yjou’re all dead.” Then Joseph and Monal-im proceeded to kick or punch Barlog, Marc Kaanoi, and Carrero. Some of the witnesses testified that they saw Timoteo standing at the doorway carrying a garden pick. There was conflicting testimony as to whether Ti-moteo actually entered the house. After the prosecution rested its case, Timoteo moved for judgment of acquittal and moved to dismiss as a de minimis infraction. Both motions were denied. Timoteo then rested his case without presenting evidence and renewed his two prior motions.
Although the prosecution had charged Ti-moteo with burglary in the first degree, during the settling of jury instructions, Timoteo requested a jury instruction for the lesser included offense of simple trespass,7 which the circuit court later gave the jury. The jury found Timoteo guilty of simple trespass.
Two days after the jury verdict, Timoteo filed a “motion to dismiss” for failing to charge him within the applicable statute of limitations. Timoteo’s “motion to dismiss” was the functional equivalent of a post-verdict motion for judgment of acquittal pursuant to Hawai'i Rules of Penal Procedure (HRPP) Rule 29(c) and, for the purpose of this appeal, we will construe it as such.
Timoteo argued that HRS § 701-108(2)(d) required the circuit court to dismiss the charge, and, thus, enter a judgment of acquittal, because the statute of limitations for simple trespass was one year, and more than one year had passed between the date of the offense and the date of the indictment.8 The prosecution opposed Timoteo’s motion, arguing that Timoteo had waived the statute of limitations defense when he requested the jury instruction for the time-barred lesser included offense of simple trespass.
After hearings on January 21 and March 21, 1994, the circuit court granted Timoteo’s motion and dismissed the conviction because Timoteo had not been charged within the statute of limitations period for simple trespass. In reaching its decision, the circuit court concluded that the statute of limitations under HRS § 701-108(2)(d) was jurisdictional and could not be waived. The circuit court also concluded that this court’s holding in State v. Kupau, 76 Hawai'i 387, 879 P.2d 492 (1994), mandated that trial courts give a jury instruction for a time-barred lesser included offense even without a request from a party.
The prosecution’s timely appeal pursuant to HRS § 641-13(9) (1993) followed.
II. DISCUSSION
A. Jurisdiction Over This Appeal
Timoteo contends that this court does not have jurisdiction over this appeal because HRS § 641-13 does not specifically authorize ■the prosecution to appeal the order granting Timoteo’s “motion to dismiss” following a jury verdict of guilty. We disagree.
As already stated, we deem Timoteo’s “motion to dismiss” to be a post-verdict motion *112for judgment of acquittal following a jury verdict of guilty pursuant to HRPP Rule 29(c). HRS § 641-13(9) specifically authorizes the prosecution to assert an appeal “[f]rom a judgment of acquittal following a jury verdict of guilty.” Thus, this court clearly has appellate jurisdiction over the instant appeal pursuant to HRS § 641-13(9).
B. Double Jeopardy
Timoteo contends that, even if HRS § 641-13(9) authorizes the instant appeal, under the double jeopardy clause of the fifth amendment to the United States Constitution, the prosecution cannot appeal a judgment of acquittal pursuant to HRS § 641-13(9) based upon a resolution of the facts at the proceeding. Under the circumstances of the instant case, we disagree.
As a general rule, we “strictly construe HRS § 641-13 and its predecessor statutes, especially in view of the double-jeopardy concerns implicated in the criminal appellate situation[J” State ex rel. Marsland v. Shintaku, 64 Haw. 307, 310-11, 640 P.2d 289, 292 (1982) (citations and footnote omitted); see also State v. Kahalewai, 71 Haw. 624, 626, 801 P.2d 658, 560 (1990). However, “where there is no threat of either multiple punishment or successive prosecutions, the Double Jeopardy Clause is not offended.” United States v. Wilson, 420 U.S. 332, 344, 95 S.Ct. 1013, 1022, 43 L.Ed.2d 232 (1975) (footnote omitted). Where “reversal on appeal would merely reinstate the jury’s verdict, review of such an order does not offend the policy against multiple prosecution.” Id. at 344-45, 95 S.Ct. at 1022. As Justice Nakamura correctly noted in his dissent in State v. Rodrigues, 67 Haw. 70, 87 n. 12, 679 P.2d 615, 626 n. 12, cert. denied, 469 U.S. 1078, 105 S.Ct. 580, 83 L.Ed.2d 691 (1984), “[n]o double jeopardy problems would be implicated in a government appeal from a judgment of acquittal following a jury verdict of guilty.... For a reversal there would result in a reinstatement of the verdict, not a retrial.”
The instant case is a government appeal from a judgment of acquittal following a jury verdict of guilty, and our vacation of the judgment of acquittal will result in the reinstatement of the guilty verdict, not a retrial. Accordingly, we hold that the prosecution’s appeal from the judgment of acquittal following the jury’s verdict of guilty pursuant to HRS § 641-13(9) does not violate the protections against double jeopardy as guaranteed by the United States Constitution or the Hawaii Constitution.
C. Timoteo Waived the Statute of Limitations for Simple Trespass
The prosecution contends that the circuit court erred in granting Timoteo.’s post-verdict motion for judgment of acquittal because the circuit court based its decision on its erroneous conclusions that (1) a statute of limitations is jurisdictional, (2) a statute of limitations cannot be waived, and (3) this court’s holding in Kupau, 76 Hawai'i 387, 879 P.2d 492, mandates that trial courts give a jury instruction for a time-barred lesser included offense even without a request from a party. We agree with the prosecution.
As stated, we deem Timoteo’s “motion to dismiss” to be a post-verdict motion for judgment of acquittal following a jury verdict of guilty pursuant to HRPP Rule 29(c), which provides the following:
(c) Motion After Discharge of Jury. If the jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within 10 days after the jury is discharged or within such further time as the court may fix during the 10-day period. If a verdict of guilty is returned the court may on such motion set aside the verdict and enter judgment of acquittal. If no verdict is returned the court may enter judgment of acquittal. It shall not be necessary to the making of such a motion that a similar motion has been made prior to the submission of the case to the jury.
When reviewing a post-verdict motion for judgment of acquittal,
we employ the same standard that a trial court applies to such a motion, namely, whether, upon the evidence viewed in the light most favorable to the prosecution and in full recognition of the province of the *113trier of fact, the evidence is sufficient to support a prima facie ease so that a reasonable mind might fairly conclude guilt beyond a reasonable doubt. Sufficient evidence to support a prima facie case requires substantial evidence as to every material element of the offense charged. Substantial evidence as to every material element of the offense charged is credible evidence which is of sufficient quality and probative value to enable a person of reasonable caution to support a conclusion. Under such a review, we give full play to the right of the fact finder to determine credibility, weigh the evidence, and draw justifiable inferences of fact.
State v. Jhun, 83 Hawai'i 472, 481, 927 P.2d 1355, 1364 (1996) (citations and internal quotation marks omitted).
In the instant case, in order for the prosecution to withstand Timoteo’s motion for judgment of acquittal, HRS § 701-114(l)(a) (1993) requires that the record contain substantial evidence as to the elements of simple trespass under HRS § 708-815, as well as the following:
(b) The state of mind required to establish each element of the offense;
(e) Facts establishing jurisdiction;
(d) Facts establishing venue; and
(e) Facts establishing that the offense was committed within the time period specified in [HRS] section 701-108.
HRS § 701-114(1). However, a defendant can waive proof of the elements under HRS § 701-114(l)(c) through (e). For example, with respect to the venue element under HRS § 701—114(l)(d), “the right to be tried in the county or district where the offense was committed ... may be waived” by the defendant. State v. Miyashiro, 3 Haw.App. 229, 231, 647 P.2d 302, 304 (1982). Accordingly, if a defendant effectively waives the provisions of one or more of these subsections of HRS § 701-114(1), then the prosecution can withstand a motion for judgment of acquittal, despite the absence of substantial evidence in the record as to that particular subsection.
The issue in the instant case is whether Timoteo waived the statute of limitations for simple trespass prescribed by HRS §§ 701-108 and 701-114(l)(e). Under the circumstances of the instant case, this is a question of law that we review de novo under the right/wrong standard. “Under the right/wrong standard, we examine the facts and answer the question without being required to give any weight to the trial court’s answer to it.” State v. Naeole, 80 Hawai'i 419, 422, 910 P.2d 732, 735 (1996) (quoting State v. Meyer, 78 Hawai'i 308, 311, 893 P.2d 159, 162 (1995)).
In addressing whether the requirements of HRS § 701-114(l)(e) have been met, we note that we strictly construe penal statutes. State v. Gaylord, 78 Hawai'i 127, 137-38, 890 P.2d 1167, 1177-78 (1995). However, the protection of a statute of limitations does not constitute a fundamental right under the United States Constitution or the Hawai'i Constitution, but rather, a mere statutory act of grace that the sovereign state has conferred in order to limit its right to prosecute criminal offenders. State v. Russell, 62 Haw. 474, 479, 617 P.2d 84, 88 (1980) (citations omitted). “Therefore, [a] statute of limitations is simply a rule of law with certain exceptions created by the legislature.” Id. The Hawai'i legislature has not specifically indicated whether a criminal statute of limitations is a non-jurisdietional element that a criminal defendant can waive.
Nevertheless, “[a] leap of logic is not required to maintain that if an accused can waive constitutional rights, he can certainly waive one conferred by the statute of limitations[.]” State v. Littlejohn, 199 Conn. 631, 508 A.2d 1376, 1381 (1986). As the United States Court of Appeals for the District of Columbia stated:
It seems to us, too, that if a defendant may waive certain constitutional rights, he should certainly be capable in this instance of waiving a statutory right such as the statute of limitations. Constitutional rights which the defendant may waive include, inter alia, the right to be represented by counsel, the right not to be twice put in jeopardy, and the right to be tried in the district where the offense was committed. If the strong policies behind these rights are not violated by a rule permitting them *114to be waived by a defendant, we cannot find that the limitation statute’s policy is violated here where the defendant was fully cognizant of the consequences of such a waiver and decided to execute it on the advice of his attorney for his own benefit.
United States v. Wild, 551 F.2d 418, 424-25 (D.C.Cir.) (footnotes omitted), cert. denied, 431 U.S. 916, 97 S.Ct. 2178, 53 L.Ed.2d 226 (1977). Thus, numerous courts have held that the statute of limitations in a criminal case does not go to the jurisdiction of the court.9 Likewise, we hold that the expiration of a statute of limitations does not terminate a court’s jurisdiction over the subject matter.
Although the prosecution of Timoteo did not commence until more than one year after the date of the offense, under ease law in a growing number of jurisdictions, Timoteo waived the statute of limitations by requesting the circuit court to instruct the jury on the time-barred lesser included offense of simple trespass. For example, in a trial involving the charge of first degree murder, when a defendant requested and received a jury instruction on the time-barred lesser included offense of second degree murder, the United States Court of Appeals for the Fourth Circuit affirmed the defendant’s conviction for second degree murder, notwithstanding that the statute of limitations had expired. United States v. Williams, 684 F.2d 296, 299-300 (4th Cir.1982), cert. denied, 459 U.S. 1110, 103 S.Ct. 739, 74 L.Ed.2d 961 (1983).
In the present case [the defendant] received the charge he requested, and he was convicted of the lesser included offense contained therein. Murder in the first degree is a capital offense for which there is no statute of limitations. If the court had not given the requested lesser included offense charge, [the defendant] would have been in the unenviable position of facing a verdict of guilty or not guilty on a capital offense. The requested charge was certainly in [the defendant’s] best interest under the circumstances. [The defendant] requested the charge, did not object to the charge, was convicted under the charge and, in all probability, benefited from the charge. He cannot now complain of the result and his actions obviously constitute a waiver of the time limitation contained in [18 U.S.C.] § 3282.
Williams, 684 F.2d at 299-300 (emphases added).
The United States Court of Appeals for the Ninth Circuit specifically “agree[d] with this view.” United States v. DeTar, 832 F.2d 1110, 1115 (citing Williams, 684 F.2d at 299-300).
It best avoids the alternative evils of misleading the jury or denying a defendant an instruction that he desires and would be entitled to, but for the bar of limitations. We see no unfairness in attaching a waiv*115er of limitations to an instruction requested by [a] defendant from ivhich he proposed to benefit.
DeTar, 832 F.2d at 1115 (emphasis added) (citation omitted). “[The defendant] accordingly waived the bar of limitations for the lesser included offense when he requested an instruction upon it.” Id.
Faced with the same legal issue regarding waiver, state jurisdictions have reached the same conclusion. See, e.g., People v. Brocksmith, 237 Ill.App.3d 818, 178 Ill.Dec. 536, 542, 604 N.E.2d 1059, 1065 (1992) (“If a defendant wishes to seek a lesser offense and try for the possible compromise verdict, he must be willing to accept the consequences of that decision, even if it means conviction of a crime for which the statute of limitations has expired.”), affirmed, 162 Ill.2d 224, 205 Ill.Dec. 113, 642 N.E.2d 1230 (1994); State v. Lambrechts, 585 A.2d 645, 647-48 (R.I.1991) (noting that the DeTar holding was “highly persuasive[,]” and holding that, where a defendant was being tried on multiple counts of first degree sexual assault, the defendant effectively waived the statute of limitations applicable to the time-barred lesser included offense of second degree sexual assault by requesting the jury instruction pertaining to it).
Some courts have reached the same result by utilizing terminology and legal principles other than “waiver.” For example, in a case involving a post-verdict motion to set aside a guilty verdict for a time-barred lesser included offense, the Texas Court of Criminal Appeals held that, “[s]inee [the defendant] requested that the jury be instructed on the lesser included offense, he [wa]s ... estopped from complaining that his conviction of that offense [wa]s barred by [the statute of] limitations.” State v. Yount, 853 S.W.2d 6, 9 (Tex.Crim.App.1993) (emphasis added). In another case involving a similar post-verdict “motion to arrest” a guilty verdict for a time-barred lesser included offense, an appellate court in Florida invoked the construct of “invited error”:
To allow [the defendant] to now successfully raise the statute of limitations defense would reduce the criminal justice system to a game of “check” and “checkmate” or “heads I win, tails you lose.”....
But even more troublesome to us is the problem of invited error. Defense counsel should not be allowed to sandbag the trial judge by requesting and approving an instruction they know or should know will result in an automatic reversal, if given. After a guilty verdict has been returned based on the requested instruction, defense counsel cannot be allowed to change legal positions in midstream and seek a reversal based on that error. Principles of estoppel, waiver, and invited error, forestall the possible success of such a ruse.
Weber v. State, 602 So.2d 1316, 1319 (Fla.Dist.Ct.App.1992) (citations and footnotes omitted) (emphases added).
However, regardless of terminology, a defendant who requests a jury instruction covering a time-barred lesser included offense cannot avail himself or herself of the statute of limitations governing that lesser included offense, regardless of “whether he [or she] expressly waives the defense, remains silent, or expressly refuses to waive it.” DeTar, 832 F.2d at 1115. In fact, waiver of the statute of limitations does not even require an affirmative request by the defendant for jury instructions as to the time-barred lesser included offense.10 Courts *116have held that a defendant waives the statute of limitations by merely failing to object to jury instructions regarding a time-barred lesser included offense prior to jury deliberations. See, e.g., People v. Kurzawa, 202 Mich.App. 462, 509 N.W.2d 816, 818 (1994) (holding that a defendant waived the statute of limitations because the “[defendant did not object to the trial court’s instructions with regard to the [time-barred] lesser included offense”); People v. Lohnes, 76 Misc.2d 507, 351 N.Y.S.2d 279, 281 (N.Y.Sup.1973) (“Though the defendant could have challenged the charge to the jury of the [time-barred] lesser included offense, ... he chose instead to benefit from it, and now [after the guilty verdict] wishe[d] to attack it.”). Therefore, we hold that Timoteo waived the statute of limitations for the time-barred lesser included offense of simple trespass by requesting that the trial court instruct the jury on it.
Under different circumstances, we have required an express waiver of a right through an on-the-record colloquy. For example, in State v. Black, 66 Haw. 530, 531, 668 P.2d 32, 33 (1983), we held that a defendant did not waive his right to insist on proof of venue by failing to raise this issue prior to his motion for judgment of acquittal. However, cases such as Black are distinguishable from the instant case because, unlike Timo-teo, the defendant in Black did not affirmatively act in any manner indicating that he was waiving the right at issue. More importantly, unlike the statutory requirement that the prosecution must prove “that the offense was committed within [a specific] time period[,]” HRS § 701-114(l)(e), the venue requirement in Black is a constitutional right. Article I, section 14 of the Hawai'i Constitution specifically guarantees that a defendant has a right to a “public trial by an impartial jury of the district wherein the crime shall have been committed, ... or of such other district to which the prosecution may be removed with the consent of the accused[.]” (emphases added). Because the language of the Hawai'i Constitution specifically guarantees this right regarding venue unless the prosecution or trial court obtains “the consent of the accused[,Y’ id. (emphasis added), this “language clearly requires an affirmative act on [the] defendant’s part indicating knowing and intelligent waiver.” Miyashiro, 3 Haw.App. at 232, 647 P.2d at 304.
In contrast to the constitutional right regarding venue, there is no provision in the Hawai'i Constitution specifically requiring the “consent of the accused” with respect to waiving a statute of limitations. As stated, statutes of limitation are not constitutional protections, but rather, mere statutory “acts of grace conferred by the sovereign which limit its right to prosecute criminal offenders.” Russell, 62 Haw. at 479, 617 P.2d at 88 (citations omitted). Although HRS § 701-114(l)(e) statutorily requires the prosecution to adduce proof “that [an] offense was committed within [a specific] time period[,]” defendants can effectively waive the prosecution’s failure to adduce proof without giving their express consent through an on-the-record colloquy. Cf. State v. Watson, 71 Haw. 258, 259, 787 P.2d 691, 692 (1990) (rejecting a defendant’s contention “that there was error in sentencing him as a second [time] offender since the State introduced no evidence with respect thereto” because the record showed that “the prosecutor brought to the attention of the court a previous conviction and ... [the defendant’s counsel made no objection to sentencing as a second [time] offender[,]” and, thus, “[a]ny error in failing to adduce proof was therefore waived”).
Timoteo specifically requested the jury instruction for the time-barred lesser included offense of simple trespass. We hold that, when Timoteo requested the jury instruction on simple trespass, he effectively waived the statute of limitations and agreed that the jury could convict him of simple trespass, rather than the more serious initially charged offense of burglary in the first degree, because he preferred the less serious of the two possible convictions. No express waiver through an on-the-record colloquy was necessary.
Finally, we hold that the circuit court erred in concluding that this court’s holding in Kupau, supra, mandates that a trial court give a jury instruction relating to a time-barred lesser included offense even *117when a party does not request it. In Kupau, we held that a “trial judge must bring all included offense instructions that are supported by the evidence to the attention of the parties.” 76 Hawai'i at 395, 879 P.2d at 500. However, we also reiterated that, under HRS § 701-109(5) (1985), “a trial court is not obligated to charge the jury with respect to an included offense unless there is a rational basis in the evidence for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.” Id. at 390, 879 P.2d at 495 (citations and internal quotation marks omitted). We added in State v. Kinnane, 79 Hawai'i 46, 49, 897 P.2d 973, 976 (1995), that, “[ijndeed, in the absence of such a rational basis in the evidence, the trial court should not instruct the jury as to included offenses.” (Citation omitted). “A fortiori, it is not error for a trial court to refuse—and the trial court should refrain from giving—an instruction regarding an uncharged offense that is not ‘included,’ for purposes of the Hawai'i Penal Code, within the charged offense.” Id. (citations omitted); accord State v. Russo, 69 Haw. 72, 76, 734 P.2d 156, 158 (1987). “The rule is universal that an instruction to a jury cannot be predicated upon assumed facts upon which there is no proof[.]” Territory v. Corum, 34 Haw. 167, 183 (1937). Thus, when it is not possible to convict a defendant of a lesser included offense due to the expiration of the controlling statute of limitations, there is no rational basis to furnish a jury instruction on the lesser included offense.
Absent Timoteo’s waiver of the statute of limitations for simple trespass, the jury instruction regarding that offense would have impeded and misled the jury’s determination of the truth, because the jury would not actually have been able to convict him of this offense. As the United States Supreme Court has held, a criminal defendant’s right to a constitutionally fair trial “does not require that the jury be tricked into believing that it has a choice of crimes for which to find the defendant guilty, if in reality there is no choice.” Spaziano v. Florida, 468 U.S. 447, 456, 104 S.Ct. 3154, 3160, 82 L.Ed.2d 340 (1984) (emphasis added). In Spaziano, a Florida petitioner challenged a trial court’s failure to instruct the jury on the lesser included offenses of capital murder. Id. at 449, 104 S.Ct. at 3156. The petitioner had been indicted and tried for first-degree murder, for which there was no state statute of limitations, although there was a two-year statute of limitations governing the lesser included non-capital offenses of attempted first-degree murder, second degree murder, third degree murder, and manslaughter. Id. at 450, 104 S.Ct. at 3156. At the close of evidence, the trial court-informed the petitioner that it would instruct the jury on these lesser included non-capital offenses if the petitioner would waive the statute of limitations as to those offenses. Id. The petitioner refused to waive the statute of limitations and, after the trial court instructed the jury solely on capital murder, the jury eventually returned a guilty verdict. Id. at 450-51, 104 S.Ct. at 3156-57.
In addressing the petitioner’s argument, the Spaziano court acknowledged the significance of Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980), which “made clear that in a capital trial, a lesser included offense instruction is a necessary element of a constitutionally fair trial.” Spaziano, 468 U.S. at 455, 104 S.Ct. at 3159. The Spaziano court noted that the holding in Beck was based on the conclusion that depriving the jury of the “third option” of convicting a criminal defendant of a lesser included offense would pose a risk of an “unwarranted conviction.” Id. at 454, 104 S.Ct. at 3159. However:
[t]he element the Court in Beck found essential to a fair trial was not simply a lesser included offense instruction in the abstract, but the enhanced rationality and reliability the existence of the instruction introduced into the jury’s deliberations. Where no lesser included offense exists [because the statute of limitations has already expired], a lesser included offense instruction detracts from, rather than enhances, the rationality of the process. Beck does not require that result.
Id. at 455, 104 S.Ct. at 3159 (emphasis added). The Spaziano court reasoned that if the trial court could not convict a criminal defendant of a lesser included offense because its statute of limitations had already expired, *118then the lesser included offense no longer existed, and the trial court’s instructing the jury on the lesser included offense “would simply introduce another type of distortion into the fact-finding process.” Id. at 456, 104 S.Ct. at 3160.
Beck does not require that the jury be tricked into believing that it has a choice of crimes for which to find the defendant guilty, if in reality there is no choice. Such a rule not only would undermine the public’s confidence in the criminal justice system, but it would also do a serious disservice to the goal of rationality on which the Beck rule is based.
Id. (emphases added). Given the defendant’s refusal to waive the statute of limitations governing the lesser included offenses subsumed within capital murder, the Spaziano court held that “it was not error for the trial judge to refuse to instruct the jury on the lesser included offenses.” Id. at 457, 104 S.Ct. at 3160 (emphasis added).
The Vermont Supreme Court “share[d] the Spaziano Court’s concern that instructing juries on time-barred, lesser included offenses is misleading and would undermine the public’s confidence in the integrity of the criminal justice system.” State v. Delisle, 162 Vt. 293, 648 A.2d 632, 638 (1994).
[Allowing a jury to find a defendant guilty of a crime for which the defendant cannot be punished ... makes a mockery of the trial. To do so is to trick jurors into thinking that they are discharging one of the most profound responsibilities of a free society when in fact they are not.... In short to instruct the jury on a time-barred, lesser included offense prechides the jury from rendering a verdict with legal effect upon which a judgment can be entered, and, consequently, misleads the jury concerning its essential function, thereby undermining the very integrity of the criminal justice system.
Further, allowing such an instruction would show unwarranted distrust of juries. The judicial system depends upon jurors to be fair and forthright during deliberations. It assumes that jurors will follow instructions and scrupulously apply the law contained in those instruction to the facts found. Experience has shown that a fully informed jury can be trusted to discharge its functions appropriately. Ordinarily the combined intelligence, wisdom, and common sense of jurors produces sounder, less biased results than the decisions of a single individual.
Id. at 639 (emphases added) (citations and internal quotation marks omitted).
And in California, where, until Cowan v. Superior Court, 14 Cal.4th 367, 58 Cal.Rptr.2d 458, 462, 926 P.2d 438, 442 (1996), it had been well established that a statute of limitations was “jurisdictional” in criminal cases, the California Supreme Court held that a trial court “need not instruct on a lesser included offense barred by the statute of limitations.” People v. Diedrich, 31 Cal.3d 263, 182 Cal.Rptr. 354, 364, 643 P.2d 971, 981-82 (1982) (emphasis added).
Since the defendant could not, at the time of his trial, have been convicted of [the time-bamd lesser included offense], an instruction on that section would have served no purpose. ... [T]he rule requiring an instruction on lesser included offenses is not to be read as conferring a blanket right without qualification. Quite clearly it refers to offenses for which convictions might be had upon the proof adduced.
Id. 182 Cal.Rptr. at 364, 643 P.2d at 982 (emphasis added) (citation and internal quotation marks omitted).
Other jurisdictions have also held that it makes no sense to give a jury instruction covering a time-barred lesser included offense when it would be legally impossible to convict the defendant. See, e.g., Chaifetz v. United States, 288 F.2d 133, 136 (D.C.Cir.1960) (“Since [the defendant] could not, at the time of his trial, have been convicted of the [time-barred lesser included offense], he was not entitled to have the trial judge tell the jury it could, or should, find him guilty of that offense.”), reversed in part on other grounds, 366 U.S. 209, 81 S.Ct. 1051, 6 L.Ed.2d 233 (1961); Johnson v. State, 265 Ind. 470, 355 N.E.2d 240, 242 (1976) (“[I]f the defendant could not be convicted of the [time-barred] lesser included offense, the instructions upon such offense are properly *119refused.”), cert. denied, 430 U.S. 915, 97 S.Ct. 1326, 51 L.Ed.2d 593 (1977); Tucker v. State, 459 So.2d 306, 309 (Fla.1984) (absent “a valid waiver of the statute of limitations [governing a time-barred lesser included offense] ... the trial court did not err in refusing to give such instructions.”).
Thus, “[w]here the limitations period has expired as to a lesser crime[,] the trial court properly declines to instruct the jury as to such offense.” People v. Brice, 206 Cal.App.3d 111, 253 Cal.Rptr. 370, 372 (1988), disapproved in part on other grounds by Cowan, 58 Cal.Rptr.2d at 463, 926 P.2d at 443. “[Wjhen those lesser offenses are time-barred, they are mere phantoms and ought not be imposed upon an unsuspecting jury.” People v. Ognibene, 12 Cal.App.4th 1286, 16 Cal.Rptr.2d 96, 98-99 (1993), disapproved in part on other grounds, Cowan, 58 Cal.Rptr.2d at 463, 926 P.2d at 443.
Any other result would amount to a triumph of form over substance and would seriously undermine the credibility of our' criminal justice system. Imagine the reaction of a citizen-juror who, after finding a defendant guilty of a lesser related misdemeanor, was informed that the jury’s guilty verdict was a nullity and effectively resulted in a complete acquittal. Such sleight of hand cannot be tolerated in a system which strives for openness and honesty.
Ognibene, 16 Cal.Rptr.2d at 98 (emphases added). Therefore, we hold that a trial court is not required to read a jury instruction for a time-barred lesser included offense unless the defendant waives the applicable statute of limitations.
Timoteo waived the statute of limitations for the time-barred lesser included offense of simple trespass by requesting the circuit court to read the jury instruction for simple trespass. Thus, after the jury found Timoteo guilty of simple trespass, it was error for the circuit court to grant Timoteo’s post-verdict motion for judgment of acquittal.
III. CONCLUSION
For the aforementioned reasons, we vacate the circuit court’s order granting Timoteo’s motion for judgment of acquittal and remand to the circuit court with instructions to (1) reinstate the jury’s guilty verdict against Ti-moteo for simple trespass and (2) sentence him accordingly.
. Timoteo was originally indicted on September 17, 1991. Subsequently, Timoteo filed a motion to dismiss for violation of Hawai'i Rules of Penal Procedure (HRPP) Rule 48, which the circuit court granted without prejudice on March 30, 1993. The second indictment was filed on May 13, 1993.
. Count I of the second indictment charged Ti-moteo with the following:
On or about the 20th day of September, 1989, in the City and County of Honolulu, State of Hawaii, RODNEY JOSEPH, JR., JON-NAVEN MONALIM, and GEORGE TIMOTEO did intentionally enter or remain unlawfully in a building, to wit, the residence of Marc Kaa-noi, situated at [the address], with intent to commit therein a crime against a person or property rights and did recklessly disregard the risk that the building was the dwelling of another, and the building is such a dwelling, thereby committing the offense of Burglary in the First Degree, in violation of Section 708-810(l)(c) of the Hawaii Revised Statutes.
Count II charged Timoteo with criminal property damage in the second degree but was withdrawn. Counts III to VII charged Monalim and Joseph with terroristic threatening in the first degree. Count VIII charged Monalim with ter-roristic threatening in the second degree.
. HRS § 708-810 (1985) provides:
Burglary in the first degree. (1) A person commits the offense of burglary in the first degree if he intentionally enters or remains unlawfully in a building, with intent to commit therein a crime against a person or against property rights, and:
(a) He is armed with a dangerous instrument in the course of committing the offense; or
(b) He intentionally, knowingly, or recklessly inflicts or attempts to inflict bodily injury on anyone in the course of committing the offense; or
(c)He recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling.
(2) An act occurs "in the course of committing the offense” if it occurs in effecting entry or while in the building or in immediate flight therefrom.
(3) Burglary in the first degree is a class B felony.
. At the time of the offense at issue in this case, HRS § 701-108 (1985 & Supp.1992) provided in relevant part:
Time limitations. (1) A prosecution for murder, murder in the first and second degrees, attempted murder, and attempted murder in the first and second degrees may be commenced at any time.
(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:
(a) A prosecution for a class A felony must be commenced within six years after it is committed;
(b) A prosecution for any other felonyf i.e., a class B or C felony,] must be commenced within three years after it is committed;
(c) A prosecution for a misdemeanor or a parking violation must he commenced within two years after it is committed;
(d) A prosecution for a petty misdemeanor or a violation other than a parking violation must be commenced within one year after it is committed.
. "Terroristic threatening in the second degree is a misdemeanor[,]” HRS § 707-717(2) (1985), and, thus, the prosecution for terroristic threatening in the second degree "must be commenced within two years after it is committed[.]" HRS § 701-108(2)(c).
. The remaining counts were for burglary in the first degree and terroristic threatening in the first degree. “Burglary in the first degree is a class B felony.” HRS § 708-810(3). "Terroristic Threatening in the first degree is a class C felony." HRS § 707-716(2) (Supp.1992). Thus, the *111statute of limitations for prosecuting burglary in the first degree and terroristic threatening in the first degree is three years. HRS §701-108(2)(b).
. HRS § 708-815 (1985) provides the following:
Simple trespass. (1) A person commits the offense of simple trespass if he knowingly enters or remains unlawfully in or upon premises.
(2) Simple trespass is a violation.
. The date of the alleged offense was September 20, 1989, and the date of the second indictment was May 13, 1993. However, the period from September 17, 1991, to March 30, 1993, is-ex-cludable because, during that time, Timoteo was being prosecuted under the first indictment. The statute of limitations does not run "[d]uring any time when a prosecution against the accused for the same conduct is pending in this State.” HRS § 701-108(6)(b) (1985). Therefore, the periods relevant to this case are (1) from September 20, 1989 to September 17, 1991 (727 days); and (2) from March 30, 1993, to May 13, 1993 (44 days), for a total of 771 days. The limitations period for a violation such as simple trespass is one year. HRS § 701-108(2)(d). Because there are only 365 days in one year, the applicable statute of limitations had expired.
. See, e.g., Acevedo-Ramos v. United States, 961 F.2d 305, 307 (1st Cir.), cert. denied, 506 U.S. 905, 113 S.Ct. 299, 121 L.Ed.2d 222 (1992); United States v. Walsh, 700 F.2d 846, 855-56 (2d Cir.), cert. denied, 464 U.S. 825, 104 S.Ct. 96, 78 L.Ed.2d 102 (1983); United States v. Karlin, 785 F.2d 90, 92-93 (3d Cir. 1986), cert. denied, 480 U.S. 907, 107 S.Ct. 1351, 94 L.Ed.2d 522 (1987); United States v. Williams, 684 F.2d 296, 299-300 (4th Cir.1982), cert. denied, 459 U.S. 1110, 103 S.Ct. 739, 74 L.Ed.2d 961 (1983); United States v. Arky, 938 F.2d 579, 581-82 (5th Cir.1991), cert. denied, 503 U.S. 908, 112 S.Ct. 1268, 117 L.Ed.2d 496 (1992); United States v. Del Percio, 870 F.2d 1090, 1093-94 (6th Cir.1989); United States v. Meeker, 701 F.2d 685, 687-88 (7th Cir.), cert. denied, 464 U.S. 826, 104 S.Ct. 96, 78 L.Ed.2d 102 (1983); United States v. DeTar, 832 F.2d 1110, 1114 (9th Cir. 1987); United States v. Gallup, 812 F.2d 1271, 1280 (10th Cir.1987); Wild, 551 F.2d at 424-25; Cowan v. Superior Court, 14 Cal.4th 367, 58 Cal.Rptr.2d 458, 462, 926 P.2d 438, 442 (1996); Littlejohn, 508 A.2d at 1381; People v. Williams, 79 Ill.App.3d 806, 35 Ill.Dec. 63, 64, 398 N.E.2d 1013, 1014 (1979); State v. Cole, 452 N.W.2d 620, 621-22 (Iowa.Ct.App.1989); Lowe v. State, 14 Kan.App.2d 119, 783 P.2d 1313, 1315-16 (1989); Brooks v. State, 85 Md.App. 355, 584 A.2d 82, 87 (Spec.App.1991); Commonwealth v. Steinberg, 404 Mass. 602, 536 N.E.2d 606, 609 (1989); People v. Allen, 192 Mich.App. 592, 481 N.W.2d 800, 804-05, appeal denied, 440 Mich. 883, 487 N.W.2d 420 (1992); State v. Johnson, 422 N.W.2d 14, 16-17 (Minn.Ct.App.1988); Conerly v. State, 607 So.2d 1153, 1158 (Miss.1992); Longhibler v. State, 832 S.W.2d 908, 910-11 (Mo.1992); State v. Wiemer, 3 Neb.App. 821, 533 N.W.2d 122, 132-33 (1995); Hubbard v. State, 110 Nev. 671, 877 P.2d 519, 522-23 (1994); People v. Dickson, 133 A.D.2d 492, 519 N.Y.S.2d 419, 421 (1987); State v. Brown, 43 Ohio App.3d 39, 539 N.E.2d 1159, 1163 (1988); Commonwealth v. Darush, 501 Pa. 15, 459 A.2d 727, 730 n. 4 (1983); State v. Lambrechts, 585 A.2d 645, 647 (R.I.1991).
. In many jurisdictions a defendant waives the statute of limitations by pleading guilty or nolo contendere to a time-barred lesser included offense. See, e.g., Acevedo-Ramos, 961 F.2d at 307-09 (guilty plea); Cole, 452 N.W.2d at 621-22 (guilty plea); Lowe, 783 P.2d at 1315-16 (nolo contendere plea); Johnson, 422 N.W.2d at 18 (guilty plea); Longhibler, 832 S.W.2d at 911 (guilty plea); Wiemer, 533 N.W.2d at 133 (nolo contendere plea); Hubbard, 877 P.2d at 522-23 (guilty plea); Dickson, 519 N.Y.S.2d at 421 (guilty plea); Brown, 539 N.E.2d at 1163-64 (guilty plea). In Hawaii'i, "a guilty plea made voluntarily and intelligently precludes a defendant from later asserting any nonjurisdictional claims[J" State v. Morin, 71 Haw. 159, 162, 785 P.2d 1316, 1318 (1990) (citations omitted). And "[a] plea of nolo contendere is equivalent to a plea of guilty in terms of waiving alleged nonju-risdictional defects.” Id. (citations omitted). Therefore, because a statute of limitations is not jurisdictional in Hawaii'i, a defendant waives the statute of limitations by pleading guilty or nolo contendere to a time-barred lesser included offense.