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State v. Easterday

Court of Appeals of Missouri, Southern District

November 30, 2017

STATE OF MISSOURI, Appellant,
v.
HEATHER EASTERDAY, Respondent.

         APPEAL FROM THE CIRCUIT COURT OF RIPLEY COUNTY Honorable Thomas D. Swindle, Associate Circuit Judge[1]

          OPINION

          WILLIAM W. FRANCIS, JR., J.

         This is an appeal by the State of Missouri ("the State") of an order entered by the trial court on January 11, 2017, purporting to sustain Heather Easterday's ("Easterday") "motion for lack of jurisdiction." The State, in two points on appeal, asserts the trial court erred by dismissing the case for "lack of jurisdiction" because the trial court had subject matter jurisdiction, and erred in sustaining Easterday's "Motion to Dismiss" based on the statute of limitations. Finding that the judgment is ambiguous, we remand the matter for further proceedings consistent with this opinion.

         Factual and Procedural History

         On September 25, 2013, the State filed a two-count "Complaint"[2] in the Circuit Court of Butler County. The Complaint alleged, in substance, that Easterday used credit cards of her employer to appropriate money and property for her own benefit, in violation of section 570.030.[3]

         On February 3, 2014, the State filed a two-count "Information" in the Circuit Court of Butler County, alleging facts similar to the Complaint.

         On September 6, 2016, the State filed an "Amended Information, " and a "Second Amended Information" in the Circuit Court of Ripley County.

         On October 14, 2016, Easterday filed a "Motion to Dismiss, " which read:

COMES NOW [Easterday], by and through her undersigned attorney, and moves this Honorable Court for an order dismissing this cause of action for the following reasons:
1. On or about September 6, 2016, [the State] filed an Amended Information in this cause charging [Easterday] with two counts of receiving stolen property in violation of § 570.080 RSMo.
2. In Count I of the Amended Information, the [State] alleges the offense occurred between May 2010 and January 31, 2013.
3. In Count II of the Amended Information, the [State] alleges the offense occurred between November 2010 and September 2012.
4. All alleged criminal offenses are time barred by the statute limitation period set forth in § 556.036 RSMo. in that the alleged offenses occurred more than 3 years from the filing of the Amended Information.
WHEREFORE, [Easterday] respectfully prays for the above cause of action be dismissed and that ...

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