State v. McKinnon

OPINION

JACKSON, Presiding Judge:

¶ 1 The State appeals the district court’s dismissal of a charge of false notarial certification, under Utah Code Ann. §§ 46-1-9, -18 (1998). We reverse and remand.

BACKGROUND

¶ 2 The State charged Defendant Marie S. McKinnon with false notarial misconduct on April 16, 2001, less than one month after the statute of limitations to prosecute the offense had expired and over nine months after it discovered the offense. Nevertheless, the State sought to prosecute McKinnon by attempting to invoke Utah Code Ann. § 76-1-303 (1999) (Extension Statute), which extends the…