State v. Wilson
Iowa Supreme Court
573 N.W.2d 248 (1998)
In April 1992, Keith Allen Wilson (defendant) and his wife Evelyn (defendant) claimed their home had been burglarized and filed a claim for their alleged losses with their insurance company, Farm Bureau Insurance. Bearden, a deputy sheriff, and Farm Bureau were skeptical about the burglary claim. However, Farm Bureau mailed the Wilsons a check in October 1992 for the losses, which the Wilsons cashed. In late September 1995, the Wilsons’ son, Ryan, told Bearden that his parents had staged the burglary to pay for a new front door. Ryan’s story was confirmed by the Wilsons’ daughter, Sonja. The police obtained a search warrant for the Wilsons’ home and discovered property that the Wilsons’ had claimed had been stolen. The Wilsons were charged with theft by taking and theft by deception on January 29, 1996. The Wilsons moved to dismiss the charges as being barred by the state’s three-year statute of limitations. In response, the State filed a motion to amend the indictment, allowing the one-year extension under Iowa Code § 802.5 for crimes of fraud. The district court granted the Wilsons’ motion to dismiss and the State appealed.
Rule of Law
Holding and Reasoning (Lavorato, J.)
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