State v. TurnerÂ
2016 N.C. App. LEXIS 1248
N.C. Ct. App.2016Background
- Defendant Christopher Glenn Turner received a citation for driving while impaired on August 7, 2012; a magistrate issued an order but no indictment, presentment, or warrant followed.
- No prosecutorial action occurred within two years after the offense.
- Defendant moved to dismiss (Nov. 26, 2014) under N.C. Gen. Stat. § 15‑1 (statute of limitations) and related provisions; district judge issued a preliminary indication that the statute barred prosecution.
- Superior court affirmed the district court’s dismissal; State appealed to Court of Appeals.
- The central legal question: whether issuance of a citation tolls the two‑year statute of limitations for misdemeanors under N.C. Gen. Stat. § 15‑1.
Issues
| Issue | State's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a citation tolls the §15‑1 two‑year limitations period for misdemeanors | A citation is a criminal pleading under §15A‑922 and therefore tolls the limitations period | §15‑1 requires indictment, presentment, or warrant to toll; citation does not satisfy §15‑1 tolling requirements | Citation does not toll §15‑1; prosecution time‑barred |
Key Cases Cited
- State v. Underwood, 244 N.C. 68 (1956) (held indictment/presentment/warrant arrests statute of limitations in cases requiring grand jury action)
- State v. Hedden, 187 N.C. 803 (1924) (interpreted predecessor to §15‑1 to require presentment or indictment within two years; no saving clause for preliminary magistrate warrants)
- State v. Williams, 218 N.C. App. 450 (2012) (statutory language controls when clear and unambiguous)