FROM THE CIRCUIT COURT OF RIPLEY COUNTY Honorable Thomas D.
Swindle, Associate Circuit Judge
WILLIAM W. FRANCIS, JR., J.
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.
and Procedural History
September 25, 2013, the State filed a two-count
"Complaint" 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
February 3, 2014, the State filed a two-count
"Information" in the Circuit Court of Butler
County, alleging facts similar to the Complaint.
September 6, 2016, the State filed an "Amended
Information, " and a "Second Amended
Information" in the Circuit Court of Ripley County.
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
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