Study v. State
Annotate this CaseDefendant was charged with four counts of robbery and six counts of criminal confinement, among other charges. The charges arose from four different bank robberies that occurred over the course of a year and a half. The jury returned guilty verdicts on all robbery counts. Defendant appealed, arguing, among other things, that the charge for Class B felony robbery relating to a March 21, 2006 robbery should be dismissed on the grounds that it was filed outside of the statute of limitations period because the statutory concealment-tolling provision under Ind. Code 35-41-4-2(h)(2) was inapplicable in his case. The Supreme Court dismissed the charge stemming from the March 21, 2006 robbery, holding (1) the application of the concealment-tolling provision requires a positive act by the defendant that is calculated to conceal the fact that a crime has been committed; (2) Defendant did not engage in any positive act calculated to conceal the fact that a robbery occurred on March 21, 2006; and (3) because the statute of limitations as to the March 21, 2006 offense was not tolled, the charge should have been dismissed.
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