Salter v. State

QUINCE, Judge.

Appellant, James T. Salter, appeals the trial court’s denial of his motion to dismiss. We reverse because the applicable statute of limitations had expired.

Appellant was charged by information on March 2, 1989, with grand theft which oc*1229curred on October 23, 1988. A capias was issued on March 2, 1989, but appellant was not arrested until December 20, 1993. A motion to dismiss was filed alleging the running of the statute of limitations. At the hearing on the motion, the state indicated an attempt was made to serve the capias on appellant at the out-of-state address on the rental…