State v. Dash

¶1 Reversal is required where the “to-convict” instruction permits the jury to convict the defendant based solely upon acts committed beyond the statutory limitation period. The “to-convict” jury instruction given in Tyrone Dash’s trial permitted the jury to convict Dash without finding that he had committed any criminal act within the statutory limitation period. Accordingly, we reverse Dash’s conviction and remand for a new trial.

I

¶2 Frances Taylor was 88 years old when she met Dash in early 2000. At that time, she owned two apartment buildings and her own home. She had investment accounts…