STATE v. McDONALD

No. 42359-2-I.

1 P.3d 1176 (2000)

100 Wash.App. 828

STATE of Washington, Respondent, v. Kimberlee Ann McDONALD, Appellant.

Court of Appeals of Washington, Division 1.

May 15, 2000.


Attorney(s) appearing for the Case

James E. Lobsenz, Carney Badley Smith & Spellman, Seattle, WA, for Appellant.

Scott A. Peterson, Prosecuting Atty, King County Prosecutor/Appellate Unit Seattle, WA, for Respondent.


COX, J.

At issue is whether the trial court should have dismissed felony theft charges against Kimberlee McDonald that the State filed almost six and one-half years after the last of the alleged offenses occurred. The applicable statute of limitation is three years, exclusive of applicable periods of tolling.1 Because the tolling provision of RCW 9A.04.080 does not violate the commerce clause of the federal constitution, we affirm.

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