Skopp argued the misdemeanor charges against Moore should be dismissed because Maryland Code, § 5-106 of the Courts &Judicial Proceedings Article stated misdemeanors were subject to a one-year statute of limitations from the date the offense was committed, which in this case was 2001. Skopp also directed the trial court to In Re Anthony R., 362 Md. 51 (2000), and Massey v. State, 320 Md. 605 (1990). The trial court denied the motion, agreeing with the prosecutor that the statute of limitations began to run when Moore's identity was discovered in 2007; therefore Moore was charged within the one-year time limit.

Thus, had the conspiracy counts been charged after the effective date of that section, there would be no question as to their viability. See also Massey v. State, 320 Md. 605, 579 A.2d 265 (1990). Seizing upon the dismissal and noting that co-conspirator testimony had been introduced in connection with the dismissed charges, appellant moved for mistrial. He argued that the co-conspirator testimony was inadmissible as a result of the dismissal.