State v. Hill

OPINION

WECHSLER, Judge.

{1} This appeal arises following a jury verdict finding Defendant Stanley Bryant Hill guilty of one count of criminal sexual penetration. Defendant’s appeal requires us to consider whether NMSA 1978, § 30-1-9(B) (1963), bars the State from prosecuting charges that were filed and dismissed in 1989. We conclude that Section 30-1-9 is a tolling statute, rather than a statute of limitations, and that it does not independently limit the time period within which prosecution must commence. We also address State v. Chouinard, 96 N.M. 658, 634 P.2d 680 (1981), and-the district…