State of Arkansas, Appellant v. Walter Cecil Gray, Appellee

Summary

The court held that theft by deception is generally not a continuing offense because obtaining property is a discrete act completed when the property is transferred. It therefore concluded that the limitations period began in June 2011 and affirmed dismissal of the charge filed in November 2014. The court dismissed the State's alternative fraud-tolling argument because resolving it would require deciding fact-specific and mixed questions not reviewable in a State appeal. Justice Courtney Hudson Goodson, dissenting, would have dismissed the entire appeal because the continuing-offense question was fact dependent.