People v. Cito

Opinion by

Judge GABRIEL.

{ 1 In this appeal by the People from the district court's order dismissing various theft by deception charges against the defendant, Kirk Mitchell Cito, we must determine the meaning of section 16-5-401(4.5), C.R.8.2012. That statute provides, in pertinent part, that "[the period within which a prosecution must be commenced shall begin to run upon discovery of the criminal act" for, among other offenses, theft. § 16-5-401(4.5)(c), C.R.98.2012

T2 As a matter of first impression, we conclude that the phrase "discovery of the criminal act" in this statute refers to the…