State v. Turner

CALABRIA, Judge.

The express language of N.C. Gen. Stat. § 15-1 required the State to prosecute defendant's misdemeanor charge within two years. Because the State failed to take any action in that time, prosecution was barred by the statute of limitations, and the trial court did not err in dismissing the charge.

I. Factual and Procedural Background

On 7 August 2012, Christopher Glenn Turner ("defendant") received a citation for driving while impaired. Defendant was arrested and brought before a magistrate, who issued a magistrate's order. Defendant was never charged via indictment, presentment,…