STATE v. FRANCOIS

No. 97-880.

577 N.W.2d 417 (1998)

STATE of Iowa, Appellant, v. Marla Kay FRANCOIS, Appellee.

Supreme Court of Iowa.

April 22, 1998.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, Thomas S. Mullin, County Attorney, and Rhoda Ganzel, Assistant County Attorney, for appellant.

Frank Cosgrove, Sioux City, for appellee.

Considered by HARRIS, P.J., and LARSON, CARTER, NEUMAN, and TERNUS, JJ.


TERNUS, Justice.

The sole question presented on this appeal is whether the crime of absence from custody is a continuing offense for purposes of tolling the statute of limitations. See Iowa Code §§ 719.4(3) (absence from custody), 802.7 (effect of continuing offense on statute of limitations) (1995). Because we hold that this crime is a continuing offense, we conclude the district court erred in dismissing the trial information on statute-of-limitations...

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