State v. Smith

Barnes, Judge.

The State appeals the trial court’s grant of Gregory Alan Smith’s motion to dismiss. See OCGA § 5-7-1 (3). The State contends the trial court erred by finding that Smith’s indictments were returned after the statute of limitation expired. Because the record establishes that the prosecution was commenced beyond the seven-year period prescribed in OCGA § 17-3-1 (c), however, we must affirm the trial court.

*296The indictments, all returned on December 2, 1998, allege that between January 1, 1989, and December 31, 1989, Smith committed incest, child molestation, and aggravated child…