Johnson v. the State

DOYLE, Chief Judge.

Ricky J. Johnson appeals from the denial of his motion in arrest of a judgment of conviction for burglary 1 and theft by taking 2 (four counts). He contends that the trial court erred because the indictment was filed outside the applicable statute of limitation 3 and failed to allege any exception thereto. Because the indictment at issue was filed within the six-month extension authorized by OCGA § 17-3-3, we affirm.

The record shows that Johnson was first accused of the underlying crimes in a timely filed indictment that alleged multiple crimes of theft in November 2007…