State of Iowa, Appellee v. Eddie Tipton, Appellant

Summary

The court held that neither fraudulent passing or redeeming a lottery ticket nor tampering with lottery equipment was a continuing offense, and that the tampering prosecution was untimely because the State failed to establish due diligence under the fraud-based limitations extension. The court nevertheless held that the fraudulent-redeeming theory based on the January 17, 2012 effort to obtain payment was timely, requiring a new trial limited to that viable theory, and concluded that the evidence was sufficient to submit it to a jury. Justice Mansfield, concurring in part and dissenting in part, would have upheld the timeliness of the tampering charge because the State’s investigation could reasonably be found diligent.