Jannuzzo v. State
322 Ga. App. 760
| Ga. Ct. App. | 2013Background
- Jannuzzo was convicted by jury of theft by conversion under OCGA § 16-8-4 and a RICO count under OCGA § 16-14-1 et seq.
- Indictment filed June 12, 2009; theft by conversion predicate alleged within the RICO count and separately.
- State asserted tolling under OCGA § 17-3-2(2) due to unknown offender/crime; four-year limit for theft by conversion.
- RICO five-year statute runs from last overt act in conspiracy; alleged last act of theft by conversion occurred by 2007.
- Trial court denied pre-trial plea on limitations; State bore burden to prove timely indictment; evidence showed actual knowledge occurred long before indictment.
- Court held the State failed to prove timely indictments for both theft by conversion and RICO; convictions reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did indictment for theft by conversion occur within the four-year limit? | Jannuzzo asserts tolling applied; indictment within four years of actual knowledge. | State argues tolling paused four-year period until Glock knew of the offense. | No; actual knowledge occurred before 2003, outside four-year window before 2009 indictment. |
| Did indictment for the RICO count occur within the five-year limit? | Jannuzzo contends tolling during Glock’s knowledge extends period. | State contends last predicate act occurred within five years of indictment due to tolling. | No; last predicate act occurred in 2003, tolling did not bring indictment within five years. |
Key Cases Cited
- Jenkins v. State, 278 Ga. 598 (2004) (burden on State to prove timely offenses; repose favored)
- Merritt v. State, 254 Ga. App. 788 (2002) (exceptions to limitations must be proven)
- Sears v. State, 182 Ga. App. 480 (1987) (limitations interpreted in favor of repose; narrowly construed)
- Womack v. State, 260 Ga. 21 (1990) (knowledge of the victim imputed to the State)
- Lee v. State, 289 Ga. 95 (2011) (knowledge timing determines when limitations begin)
- Campbell v. State, 295 Ga. App. 856 (2009) (actual knowledge tolling rule for unknown offenses)
- State v. Lowman, 198 Ga. App. 8-9 (1990) (victim knowledge governs tolling; no premature start)
- Moss v. State, 220 Ga. App. 150 (1996) (indictment within applicable period must be proven)
- Overton v. State, 295 Ga. App. 223 (2008) (pattern requirement for RICO; interrelated predicates)
- Dorsey v. State, 279 Ga. 534 (2005) (RICO predicate act timing and proof standards)