State v. Mullins
321 Ga. App. 671
| Ga. Ct. App. | 2013Background
- Mullinses indicted for theft; 2012 indictment alleged thefts occurred in 2005–2005 with victim later shown to be over 65.
- Preceding 2010 indictment was nol prossed; 2012 indictment included counts involving the 65+ victim.
- Mullinses pleaded in bar that the 2012 indictment was time-barred under OCGA § 17-3-1(c)'s four-year period.
- Trial court granted the plea in bar, holding tolling provisions of OCGA § 17-3-2.2 did not apply.
- State appealed arguing 17-3-2.2 tolling creates a 15-year period when the victim is 65 or older.
- Court reviews de novo when facts are undisputed and evidence is uncontroverted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 17-3-1(c) applies or 17-3-2.2 tolling applies | Mullinses: 4-year limit should govern; tolling not triggered. | State: 65+ tolling under 17-3-2.2 creates extended period, up to 15 years. | 4-year limit applies; tolling not triggered; affirm |
Key Cases Cited
- Harper v. State of Ga., 292 Ga. 557 (2013) (explains tolling under 17-3-2.2 for 65+ victims aligns with 15-year ceiling)
- Barlowe v. State, 286 Ga. App. 133 (2007) (de novo review when evidence is undisputed)
- State v. Bair, 303 Ga. App. 183 (2010) ( State bears burden to show case not time-barred)