People v. Chenowith

This case presents question as to whether instant indictment and subsequent information on charge of unlawful financial exploitation of elderly person was filed within applicable 3-year limitations period. Appellate Court, in vacating defendant’s conviction, found that instant prosecution was commenced after expiration of relevant limitations period, since indictment was filed on 12/21/09 that concerned conduct that occurred from 12/1/04 through 7/31/05. Ct. further found that section 3-6 of Criminal Code, which extends applicable limitations period under certain circumstances, did not apply since elderly victim of financial exploitation had discovered that defendant had been writing unauthorized checks more than one year prior to date of indictment.