Chapman v. State

SCHOONOVER, Chief Judge.

The appellant, Hugene Chapman, challenges the judgment and sentence imposed upon him after he pled nolo contendere to a charge of welfare fraud and reserved the right to appeal the denial of his motion for discharge. We reverse.

On January 15, 1986, the state filed an information charging the appellant with welfare fraud allegedly committed between February 27, 1984, and January 31, 1985. A capias for the appellant’s arrest was issued on January 15, 1986, but not served until January 23, 1989.

The appellant filed a motion to dismiss the charge against him on the ground…