DeSalvo v. State

Adams, Judge.

Lester Desalvo III appeals from the trial court’s denial of his plea in bar, asserting that his indictment was barred by the applicable four-year statute of limitation under OCGA § 17-3-1 (c).

On June 9, 2008, the State indicted Desalvo on one count of aggravated assault and one count of criminal damage to property in the second degree arising out of an incident that was alleged to have occurred on May 31, 2004. The State pled in the indictment that Desalvo’s identity was unknown until August 24, 2006. Desalvo asserted in his plea in bar, however, that his identity was known to…