State v. Gray (Majority, with Dissenting)Annotate this Case
On November 13, 2014, Defendant was charged by information with one count of theft by deception, a Class B felony. The State averred in the information that the offense was committed between June 1, 2011 and June 14, 2014. Defendant filed a motion to dismiss, arguing that the three-year statute of limitations for Class B felonies had expired before commencement of the prosecution, that theft by deception is not a continuing offense, and that there was no fraud for purposes of the tolling provision. The circuit court granted the motion to dismiss. The State appealed. The Supreme Court dismissed in part and affirmed in part, holding (1) the question of whether the statute of limitations was extended due to Defendant’s fraud was not properly before the Court; and (2) the circuit court did not err in dismissing the charge because theft by deception generally does not constitute a continuing offense.