State v. Francois

TERNUS, Justice.

The sole question presented on this appeal is whether the crime of absence from custody is a continuing offense for purposes of tolling the statute of limitations. See Iowa Code §§ 719.4(3) (absence from custody), 802.7 (effect of continuing offense on statute of limitations) (1995). Because we hold that this crime is a continuing offense, we conclude the district court erred in dismissing the trial information on statute-of-limitations grounds. Therefore, we reverse and remand for further proceedings.

I. Background Facts and Proceedings.

On August 2,1988, the Iowa District…