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STATE v. HOWARD

No. 98-1392.

610 N.W.2d 535 (1999)

STATE of Iowa, Appellee, v. Kevin Lamont HOWARD, Appellant.

Court of Appeals of Iowa.

December 13, 1999.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Roxann M. Ryan, Assistant Attorney General, William E. Davis, County Attorney, and Joseph Grubisich, Assistant County Attorney, for appellee.

Linda Del Gallo, State Appellate Defender, and Martha J. Lucey, Assistant State Appellate Defender, for appellant.

Heard by SACKETT, C.J., HUITINK, VOGEL, MAHAN, and ZIMMER, JJ., and SCHLEGEL, S.J.

VOGEL, J.

Kevin Howard appeals his conviction and sentence, following a jury trial, for first-degree robbery. As we find the court erred in finding that Howard's mere absence from the state tolled the statute of limitations, we conclude the State was barred from prosecuting the charged offense. We therefore reverse Howard's conviction and remand for dismissal of the charge.

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