Two Competing Theories in a Single Charging Instrument
State v. Yotokta (HSC September 5, 2018) Background. Eric Yokota was charged with five counts of forgery and one count of theft in the second degree based on fraudulently cashing five checks from the same bank account at the Pearlridge branch of the American Savings Bank. In the felony information it was alleged that Yokota cashed five checks over the course of six days. Each check did not arise to the felony-level threshold for theft but the grand total permitted a felony count. The prosecution charged Yokota with a single count of theft occurring over the six-day period and five distinct counts of forgery for each check on a specific day. Yokota moved to dismiss the charges. The motion was granted and the prosecution appealed. The ICA vacated the dismissal order. Yokota petitioned for certiorari. Theft as a Continuing Course of Conduct. “An offense is committed when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears