Background

• On May 19, 2015, Ledwell’s vehicle crossed the center line and caused a head-on collision that killed four occupants; blood and pills indicated possible impairment.
• On May 12–16, 2016, a probable-cause affidavit and an arrest warrant were prepared and the Hot Spring County Circuit Court found probable cause and issued a bench warrant (May 16, 2016).
• The warrant was served when Ledwell surrendered on June 2, 2016; a criminal information charging four counts of negligent homicide was filed June 6, 2016.
• Ledwell moved to dismiss (Oct. 2016), arguing the one-year statute of limitations for misdemeanors had expired because the information was filed more than one year after the offense.
• The circuit court granted the motion, holding subsection (f) of Ark. Code Ann. § 5-1-109 requires a charging instrument be filed within the limitations period; the State appealed.
• The Supreme Court of Arkansas considered whether a prosecution is "commenced" for statute-of-limitations purposes when an arrest warrant is issued based on an information or similar charging instrument, even if the instrument is not yet filed.

Issues

Key Cases Cited

• State v. Pittman, 360 Ark. 273 (court explained limits on State appeals and standards for review)
• Clark v. State, 2012 Ark. App. 496 (held misdemeanor prosecution began on date arrest warrant issued, not on filing date)
• State v. Coble, 487 S.W.3d 370 (2016) (accepted State appeal on statutory-interpretation ground)