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Criminal Law keyed to Dripps
State v. Wilson
Facts
In April 1992, Keith Allen Wilson and his wife Evelyn (Defendants) 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 Defendants a check in October 1992, for the losses, which Defendants cashed. In late September 1995, Defendants’ son, Ryan, told Bearden that his parents had staged the burglary to pay for a new front door. Ryan’s story was confirmed by Defendants’ daughter, Sonja. The police obtained a search warrant for Defendants’ home and discovered property that Defendants’ had claimed had been stolen. Defendants were charged with theft by taking and theft by deception on January 29, 1996. Defendants 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 Defendants’ motion to dismiss and the State appealed.
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