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PEOPLE v. CITO

No. 12CA1411.

310 P.3d 256 (2012)

2012 COA 221

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Kirk Mitchell CITO, Defendant-Appellee.

Colorado Court of Appeals, Division VI.

December 27, 2012.

Attorney(s) appearing for the Case

Mitchell R. Morrissey , District Attorney, Ilene P. Buchalter , Deputy District Attorney, Denver, Colorado, for Plaintiff-Appellant.

Law Office of Natalie L. Decker, LLC, Natalie L. Decker , Littleton, Colorado, for Defendant-Appellee.

Opinion by Judge GABRIEL.

¶ 1 In this appeal by the People from the district court's order dismissing various theft by deception charges against the defendant, Kirk Mitchell Cito, we must determine the meaning of section 16-5-401(4.5), C.R.S.2012. That statute provides, in pertinent part, that "[t]he period within which a prosecution must be commenced shall begin to run upon discovery of the criminal act" for, among other offenses, theft. § 16-5-401(4.5...

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