State v. YokotaAnnotate this Case
The Supreme Court affirmed the judgment of the Intermediate Court of Appeals (ICA) concluding that the circuit court erred in granting Defendant’s motion to dismiss his charge of theft as a continuing course of conduct after concluding that Defendant could not simultaneously be charged with the theft count and five individual counts of forgery.
The ICA vacated the circuit court’s order granting Defendant’s motion to dismiss, concluding that the State was not barred from charging Defendant with theft in the second degree for passing five fraudulently executed checks amounting to $720 over the course of six days as a continuing course of conduct. On appeal, Defendant argued that when the State charged him with five separate counts of forgery, it recognized the episodic nature of each act and therefore could not simultaneously charge him with theft under a continuing course of conduct theory. The Supreme Court disagreed, holding that theft can be charged as a continuing course of conduct, notwithstanding a decision to charge individual counts of forgery.