State v. Nicholson

The opinion of the court was delivered by

Holmes, J.:

This is an appeal by the State of Kansas, pursuant to K.S.A. 1987 Supp. 22-3602(b)(l), from an order of the district court dismissing a criminal complaint on the grounds the prosecution was not commenced within the period of the statute of limitations. K.S.A. 1987 Supp. 21-3106(3) and (6).

The facts are not in dispute. In its complaint the State alleged that on or about July 20, 1984, Aaron Nicholson obtained or exerted unauthorized control over a twelve-pack of Coors beer from a convenience store in Great Bend. K.S.A. 1987 Supp. 21-3701(a).…