People v. Lutter

(Court opinion corrected 5/29/15.) Defendant was convicted, after bench trial, of reckless driving. Information showed on its face that it was filed beyond statute of limitations. Establishing that statutory exception tolled limitations period was element of State's case that it had to prove beyond a reasonable doubt at trial, but State failed to do so. Defendant was not required to file motion to dismiss, and he did not waive State's obligation to prove this element at trial by not filing motion to dismiss.(SPENCE, specially concurring; BURKE, dissenting.)