State v. Burns

Defendant appeals from the denial of his motion to dismiss an information charging him with the crime of escape in violation of 13 V.S.A. § 1501(b)(2) 1 on grounds that prosecution for the crime was barred by the applicable three-year statute of limitations. 13 V.S.A. § 4501(d). 2 The charge had been brought against defendant more than three years after the date of the alleged offense. In denying defendant’s motion, the trial court determined that, for purposes of tolling the statute of limitations, escape is a continuing offense that “becomes complete only upon the retaking of the escapee…