Crews v. State
Annotate this CaseIn 2012, the State charged Petitioner, a public school teacher, with sexual offenses against minors over the age of twelve, including eight counts charging second- or third-degree felonies alleged to have been committed between 2001 and 2006. These charges would have been barred by the three-year statute of limitations applicable to second- and third-degree felonies, but the State charged that when Petitioner committed the offenses, he was a public employee who engaged in “misconduct in office” under Fla. Stat. 775.15(3)(b), which extended the limitation period. Petitioner filed a motion to dismiss all eight charges on the ground that the statute of limitations had expired and the provision that extended the limitation period did not apply. The trial court denied the motions to dismiss. Petitioner then pleaded nolo contendere, reserving his right to appeal the denial of his motions to dismiss. The trial court adjudicated Petitioner guilty of the charged offenses. The court of appeal affirmed. The Supreme Court affirmed approved the decision of the court of appeal, holding that the offenses at issue were properly regarded as “misconduct in office,” and the statute of limitations extension provision was properly applied in this case.
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