Court of Appeals of Indiana
Donald Johnson v. State of Indiana
21A-CR-1234
Criminal. Affirms and reverses in part the denial of Donald Johnson’s motion to dismiss the 17 Class C felony securities-related charges filed against him. Finds the state sufficiently alleged Johnson committed positive acts of concealment that tolled the statute of limitations in all the challenged charges except two, and the charging information for all remaining 15 counts against Johnson were pled with sufficient certainty based on the language in the charging informations and probable cause affidavits. Also finds the arguments Johnson sets forth regarding the elements of the alleged crimes cannot be considered by the Court of Appeals as they are to be decided by the fact-finder, not within a motion to dismiss, so the Porter Superior Court did not abuse its discretion when it denied Johnson’s motion to dismiss, with the exception of the charges involving Randall Hunt. Finally, finds the trial court did not abuse its discretion when it granted the state permission to amend the charges against Johnson to include the word “knowingly.” Remands for further proceedings.