State v. Cole

DONIELSON, Judge.

Larry Cole was accused of fraudulently obtaining public assistance benefits by failing to report employment which disqualified him for the benefits. He received his last regular benefit check on July 2, 1985, for use during the month of July 1985; he also received a medical assistance payment on July 29, 1985. 1

On July 29, 1988, the State charged Cole with the crime of fraudulent practice in the second degree. Cole entered a guilty plea to the charge. In a motion in arrest of judgment he raised a statute of limitations defense challenging the court’s jurisdiction to accept…