A state appeals court is throwing out a man’s attempted murder conviction in Brown County. Rodney Larson is serving a 15-year prison sentence for the 1994 beating of a gas station clerk.

The three-judge panel ruled Tuesday that prosecutors shouldn’t have charged him nearly 15 years later, because the six-year statute of limitations applies to counts of attempted first-degree intentional homicide. The state justice department argued that it doesn’t apply to homicide cases.

Attorney Chris Gramstrup of Superior represented Larson during the appeal process, and he says they believe the appeals court’s ruling is correct.

A jury convicted Larson in 2009 for the beating at a gas station in the town of New Franken. Prosecutors filed charges in 2008 after he was connected to the crime through DNA analysis in 2005.

Gramstrup says he expects the state justice department to appeal the case to the state Supreme Court. He says if the high court declines to hear the case, Larson will be released.

Mike Kemmeter-WHBY

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