State v. Kay

Justice PARRISH,

opinion of the Court:

INTRODUCTION

¶ 1 The State appeals the district court's dismissal of two criminal cases filed beyond the statute of limitations. In two separate cases, the State charged Rockie Kay with multiple counts of communications fraud and one count of a pattern of unlawful activity, all second-degree felonies. The district court dismissed the first case, Kay I, on statute-of-limitations grounds after holding that communications fraud is not a continuing offense. The district court dismissed the second case, Kay II, as an improper prosecution of the "same substantive…