State v. Boykin

MCFADDEN, Judge.

The state appeals from a trial court order granting Timothy Boykin’s plea in bar and dismissing criminal charges due to expiration of the applicable statutes of limitation. The state argues that the statutes of limitation had been tolled by the “person unknown” exception. However, that exception does not apply in this case because Boykin was not an unknown person, and instead was one of the state’s primary suspects shortly after the alleged crimes were committed. Accordingly, we must affirm.

The appellate standard of review for a plea in bar asserting a statute of limitation…