State of Missouri v. Tatum Clark McMillian
2016 Mo. App. LEXIS 1040
| Mo. Ct. App. | 2016Background
- McMillian was accused of underreporting earnings and improperly receiving unemployment benefits from July 26, 2010 to June 4, 2011.
- The State first charged him by complaint in Howell County on May 31, 2013; that complaint was dismissed on December 30, 2013 and the State's appeal was dismissed as not final.
- The State re-indicted McMillian in Cole County on February 11, 2015.
- After briefing, the Missouri Supreme Court decided State v. Bazell, holding that the felony enhancement in Mo. Rev. Stat. § 570.030.3 applies only where the value of property or services is an element of the offense and therefore does not apply to § 570.030.1 stealing-by-deceit.
- Under Bazell, McMillian’s charge could only be a misdemeanor, triggering a one-year statute of limitations that expired June 5, 2012; all prosecutions were filed after that date.
- The trial court dismissed the Cole County indictment as time-barred; the Court of Appeals affirmed on that basis (and did not resolve tolling during the prior prosecution because the Bazell ruling made that issue moot).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (McMillian) | Held |
|---|---|---|---|
| Classification: Whether § 570.030.3 felony enhancement applies to stealing-by-deceit | Enhancement applies when value > $500; thus offense is a class C felony | Bazell shows enhancement language only applies where value is an element; theft-by-deceit lacks that element, so only misdemeanor | The enhancement does not apply; the offense is a misdemeanor under § 570.030.1 |
| Statute of Limitations / Tolling: Whether prosecutions were timely or tolled during prior Howell County proceeding and appeal | Tolling should cover entire Howell County prosecution including the direct appeal, preserving timeliness of refiling | Statute expired; even if tolled only for May–Dec 2013, refiling in Feb 2015 was too late | Moot as to tolling: because offense is a misdemeanor, 1-year SOL expired June 5, 2012; charges filed later are time-barred |
Key Cases Cited
- State v. Maples, 306 S.W.3d 153 (Mo. App. W.D.) (statute-of-limitations application reviewed de novo)
- State v. Corley, 251 S.W.3d 416 (Mo. App. S.D.) (tolling of statute of limitations reviewed de novo)
- State v. Wright, 484 S.W.3d 817 (Mo. App. E.D.) (statutory interpretation reviewed de novo; legislative intent from plain language)
- Scroggins v. State, 604 S.W.2d 699 (Mo. App. W.D.) (correct result will be affirmed even if trial court relied on wrong reasoning)
- State v. McMillian, 455 S.W.3d 462 (Mo. App. S.D.) (appeal dismissed where dismissal before preliminary hearing is not final)