STATE V. WILSON
573 N.W.2d 248 (1998)
NATURE OF THE CASE: This was a dispute over when the statute of limitations was tolled.
FACTS: On January, 29 ,1996, Keith and Evelyn Wilson, (Ds), husband and wife, were
charged with theft by taking and theft by deception on or about April-October 1992. Ds moved
to dismiss the charge under the three-year statute of limitations. The prosecution was
dismissed and the State appealed. The allegations were that the Ds staged a burglary at
their home and then fraudulently collected monies from their insurance carrier for the
reported losses. The company eventually sent Ds a check on October 9, 1992 for their alleged
losses. On September, 26 and 29, 1995, Ds' son Ryan told the sheriff that Ds' parents had
staged the burglary to pay for a new front door. The daughter confirmed the story and a
warrant was obtained in December 1995 and some of the property that had been 'stolen' was
found. The district court found that the crime had been completed on October 9, 1992, the
date Ds cashed the insurance check and therefore their prosecution was barred by the statute
of limitations. The court also ruled that the State had discovered the fraud before the
three-year period and for that reason the one-year extension for crimes of fraud was not
applicable.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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