People v. Midgley

QUINN, Chief Justice:

The People, pursuant to section 16-12-102, 8 C.R.S. (1978), appeal from a judgment dismissing prior to trial two counts of sexual assault in the second degree filed against the defendant, Michael Midgley, in the District Court of El Paso County. In dismissing the charges, the district court concluded that the prosecution of the defendant was barred by the three-year limitation period of section 16-5-401(1), 8 C.R.S. (1978). We reverse the judgment and remand the case with directions to reinstate the charges against the defendant.

On September 18, 1984, an information was…