ON WRIT OF CERTIORARI
WALLER, CHIEF JUSTICE,
FOR THE COURT:
¶ 1. Dr. Hosan Azomani seeks review of the Court of Appeals’ affirmance of his conviction and sentence for two counts of Medicaid fraud in violation of Mississippi Code Sections 43-13-213 and 43-13-215. We granted certiorari to address venue and statute-of-limitations issues. Finding that venue was proper and that the claims were prosecuted within the statute of limitations, we affirm the judgment of the Court of Appeals and affirm the conviction and sentence of the trial court.
FACTS AND PROCEDURAL HISTORY
¶2. Dr. Azomani practiced pediatric medicine under the name Children’s Medical Group of Greenville PLLC, in Green-ville, Mississippi, which is located in Washington County. In 2007, the Division of Medicaid conducted an audit of Dr. Azo-mani’s patient files, which revealed three coding errors. Though Dr. Azomani admitted to the errors, he claimed that he had not deliberately made the mistakes.
¶3. Later, following three complaints involving Dr. Azomani’s choices of treatment for patients, Officer David Delgado of the Medicaid Fraud Control Unit investigated Dr. Azomani’s Medicaid billing. Officer Delgado testified that Dr. Azomani regularly billed the highest-level code1 for [284]*284almost all of his patients. Specifically on October 19, 2010, Dr. Azomani billed Mississippi Medicaid under the highest-level code for all fifty-six children he treated that day. And on January 3,. 2011, he used the same code to bill Medicaid for the sixty-nine children he treated on that -day. Using this code for all children treated on those two days, he was reimbursed the highest possible amount for all office visits on those two days, for which Medicaid paid him a total of $14,715.66. Experts who reviewed Dr. Azomani’s records for Medicaid unanimously concluded that none of the children Dr: Azomani treated during those two days should have been billed under that code.
¶4. Dr. Azomani was indicted in the Washington County Circuit Court on January 13, 2014,' on thirteen counts of Medicaid fraud. He was tried over six days beginning on October 27, 2014. At trial,'the State called numerous witnesses involved with the investigation and audit of Dr. Azomani’s files. Experts for the State and Dr. Azomani agreed that he improperly •billed Medicaid for all of the patients he treated during the two days at issue. Dr. Azomani testified that he did not intend to bill Medicaid improperly. Instead, he claimed that he had relied on the 2007 partial review of his files, which allegedly had suggested incorrectly that he had been billing properly. On November 1, 2014, the jury found him guilty of two counts of fraudulently misusing the highest-level billing code, an inappropriate code for the 125 children he treated on the two aforementioned days; Dr, Azomani was acquitted on the other eleven counts. Dr. Azoma-ni was sentenced to three years for each count, to be served' concurrently.
¶ 5. Dr. Azomani appealed, raising multiple issues including: (1) improper venue, (2) variance between the jury-instruction language and the indictment language, (3) indictment after the statute-of-limitations period, (4) the State’s failure to, prove beyond a reasonable doubt that Dr. Azomani willfully, unlawfully, and feloniously made false, fictitious, and fraudulent claims for Medicaid benefits, (5) ineffective assistance of counsel, and (6) cumulative errors that warranted reversal. The Court of Appeals found that none of these issues warranted reversal and affirmed the trial court’s judgment. Azomani v. State, 222 So.3d 343, 2016 WL 4187614 (Miss. Ct. App. Aug. 9, 2016).
¶ 6. This Court granted certiorari to review issues (1) and (3). See Miss. R. App. P. 17(h).
DISCUSSION
I. Whether Hosan ,M. Azomani was denied his right to due process under the United States and Mississippi Constitutions when the State failed to establish proper venue.
¶7. During pretrial proceedings, Dr. Azomani filed a motion to dismiss for improper venue, arguing that venue would be proper in Madison County, his home county, or Hinds County, pursuant to Mississippi Code Section 43-13-223(1) of the Medicaid Fraud Control Act. See Miss. Code Ann. § 43-13-223(1) (Rev. 2015). However, Dr. Azomani’s lawyer advised the trial court that he was not going to pursue the motion for improper venue. While Dr, Azomani’s counsel did state he might' address the motion later, he failed to pursue it, and no ruling was made on the motion. Following the State’s case, Dr. Azomani moved for a directed verdict based on the State’s failure to prove venue. The trial court denied the motion, finding that the State had proven that Dr. Azomani’s practice, patients, patients’ records, and other evidence were originated, per[285]*285formed, or retained in Washington County.2
¶ 8. Dr. Azomani, for the first time on appeal, asserted that the State had failed to establish venue, denying his right to due process under the Constitutions of the United States and the State of Mississippi. The Court of Appeals found that the venue issue asserted under the Medicaid Fraud Control Act was waived, and, as a result, it found the issue was proeedurally barred. Azomani v. State, 222 So.3d 343, 347-48, 2016 WL 4187614, *2 (Miss. Ct. App. Aug. 9, 2016). The Court of Appeals determined that, because venue was established pursuant to Article 3, Section 26 of the Mississippi Constitution, Section 43-13-223(1) must apply only to civil actions. Id. at 349-50, 2016 WL 4187614, at *4.3
¶ 9. Dr. Azomani in his Petition for Certiorari takes issue with the holding of the Court of Appeals concerning waiver of his venue claim for failure to bring his motion to a hearing. He asserts that the issue of venue can be raised for the first time on appeal as a constitutional right. Rogers v. State, 95 So.3d 623, 630 (Miss. 2012) (citing Gillett v. State, 56 So.3d 469, 502 (Miss. 2010) (finding that venue in criminal cases is jurisdictional and may be raised for the first time on appeal)). Dr. Azomani is correct in his assertion that the Court of Appeals erred in holding venue in a criminal case can be waived.4 After finding that a review of Dr. Azomani’s original venue motion was proeedurally barred, the Court of Appeals also reviewed the claim of improper venue on the merits as an exception to the procedural bar. Azomani, 222 So.3d at 347, 2016 WL 4187614, at *2 (quoting Foster v. State, 148 So.3d 1012, 1016 (¶ 12) (Miss. 2014)). The Court of Appeals found the issue was without merit because Article 3, Section 26 of the Mississippi Constitution provides that a defendant has a constitutional right to be tried in the county where the offense was committed. Id.
¶ 10. In his Petition for Certiorari, Dr. Azomani conflates a statutory venue provision'into a constitutional right. We disagree that Dr. Azomani has a constitutional right to venue under Section 43—13— 223(1). As the Court of Appeals recognized, the constitutional right to venue is set out in Article 3, Section 26, which directs that the accused shall'have a right to a “public trial by an impartial jury of the county where the offense was committed.” State v. Caldwell, 492 So.2d 575, 577 (Miss. 1986) (emphasis added).
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ON WRIT OF CERTIORARI
WALLER, CHIEF JUSTICE,
FOR THE COURT:
¶ 1. Dr. Hosan Azomani seeks review of the Court of Appeals’ affirmance of his conviction and sentence for two counts of Medicaid fraud in violation of Mississippi Code Sections 43-13-213 and 43-13-215. We granted certiorari to address venue and statute-of-limitations issues. Finding that venue was proper and that the claims were prosecuted within the statute of limitations, we affirm the judgment of the Court of Appeals and affirm the conviction and sentence of the trial court.
FACTS AND PROCEDURAL HISTORY
¶2. Dr. Azomani practiced pediatric medicine under the name Children’s Medical Group of Greenville PLLC, in Green-ville, Mississippi, which is located in Washington County. In 2007, the Division of Medicaid conducted an audit of Dr. Azo-mani’s patient files, which revealed three coding errors. Though Dr. Azomani admitted to the errors, he claimed that he had not deliberately made the mistakes.
¶3. Later, following three complaints involving Dr. Azomani’s choices of treatment for patients, Officer David Delgado of the Medicaid Fraud Control Unit investigated Dr. Azomani’s Medicaid billing. Officer Delgado testified that Dr. Azomani regularly billed the highest-level code1 for [284]*284almost all of his patients. Specifically on October 19, 2010, Dr. Azomani billed Mississippi Medicaid under the highest-level code for all fifty-six children he treated that day. And on January 3,. 2011, he used the same code to bill Medicaid for the sixty-nine children he treated on that -day. Using this code for all children treated on those two days, he was reimbursed the highest possible amount for all office visits on those two days, for which Medicaid paid him a total of $14,715.66. Experts who reviewed Dr. Azomani’s records for Medicaid unanimously concluded that none of the children Dr: Azomani treated during those two days should have been billed under that code.
¶4. Dr. Azomani was indicted in the Washington County Circuit Court on January 13, 2014,' on thirteen counts of Medicaid fraud. He was tried over six days beginning on October 27, 2014. At trial,'the State called numerous witnesses involved with the investigation and audit of Dr. Azomani’s files. Experts for the State and Dr. Azomani agreed that he improperly •billed Medicaid for all of the patients he treated during the two days at issue. Dr. Azomani testified that he did not intend to bill Medicaid improperly. Instead, he claimed that he had relied on the 2007 partial review of his files, which allegedly had suggested incorrectly that he had been billing properly. On November 1, 2014, the jury found him guilty of two counts of fraudulently misusing the highest-level billing code, an inappropriate code for the 125 children he treated on the two aforementioned days; Dr, Azomani was acquitted on the other eleven counts. Dr. Azoma-ni was sentenced to three years for each count, to be served' concurrently.
¶ 5. Dr. Azomani appealed, raising multiple issues including: (1) improper venue, (2) variance between the jury-instruction language and the indictment language, (3) indictment after the statute-of-limitations period, (4) the State’s failure to, prove beyond a reasonable doubt that Dr. Azomani willfully, unlawfully, and feloniously made false, fictitious, and fraudulent claims for Medicaid benefits, (5) ineffective assistance of counsel, and (6) cumulative errors that warranted reversal. The Court of Appeals found that none of these issues warranted reversal and affirmed the trial court’s judgment. Azomani v. State, 222 So.3d 343, 2016 WL 4187614 (Miss. Ct. App. Aug. 9, 2016).
¶ 6. This Court granted certiorari to review issues (1) and (3). See Miss. R. App. P. 17(h).
DISCUSSION
I. Whether Hosan ,M. Azomani was denied his right to due process under the United States and Mississippi Constitutions when the State failed to establish proper venue.
¶7. During pretrial proceedings, Dr. Azomani filed a motion to dismiss for improper venue, arguing that venue would be proper in Madison County, his home county, or Hinds County, pursuant to Mississippi Code Section 43-13-223(1) of the Medicaid Fraud Control Act. See Miss. Code Ann. § 43-13-223(1) (Rev. 2015). However, Dr. Azomani’s lawyer advised the trial court that he was not going to pursue the motion for improper venue. While Dr, Azomani’s counsel did state he might' address the motion later, he failed to pursue it, and no ruling was made on the motion. Following the State’s case, Dr. Azomani moved for a directed verdict based on the State’s failure to prove venue. The trial court denied the motion, finding that the State had proven that Dr. Azomani’s practice, patients, patients’ records, and other evidence were originated, per[285]*285formed, or retained in Washington County.2
¶ 8. Dr. Azomani, for the first time on appeal, asserted that the State had failed to establish venue, denying his right to due process under the Constitutions of the United States and the State of Mississippi. The Court of Appeals found that the venue issue asserted under the Medicaid Fraud Control Act was waived, and, as a result, it found the issue was proeedurally barred. Azomani v. State, 222 So.3d 343, 347-48, 2016 WL 4187614, *2 (Miss. Ct. App. Aug. 9, 2016). The Court of Appeals determined that, because venue was established pursuant to Article 3, Section 26 of the Mississippi Constitution, Section 43-13-223(1) must apply only to civil actions. Id. at 349-50, 2016 WL 4187614, at *4.3
¶ 9. Dr. Azomani in his Petition for Certiorari takes issue with the holding of the Court of Appeals concerning waiver of his venue claim for failure to bring his motion to a hearing. He asserts that the issue of venue can be raised for the first time on appeal as a constitutional right. Rogers v. State, 95 So.3d 623, 630 (Miss. 2012) (citing Gillett v. State, 56 So.3d 469, 502 (Miss. 2010) (finding that venue in criminal cases is jurisdictional and may be raised for the first time on appeal)). Dr. Azomani is correct in his assertion that the Court of Appeals erred in holding venue in a criminal case can be waived.4 After finding that a review of Dr. Azomani’s original venue motion was proeedurally barred, the Court of Appeals also reviewed the claim of improper venue on the merits as an exception to the procedural bar. Azomani, 222 So.3d at 347, 2016 WL 4187614, at *2 (quoting Foster v. State, 148 So.3d 1012, 1016 (¶ 12) (Miss. 2014)). The Court of Appeals found the issue was without merit because Article 3, Section 26 of the Mississippi Constitution provides that a defendant has a constitutional right to be tried in the county where the offense was committed. Id.
¶ 10. In his Petition for Certiorari, Dr. Azomani conflates a statutory venue provision'into a constitutional right. We disagree that Dr. Azomani has a constitutional right to venue under Section 43—13— 223(1). As the Court of Appeals recognized, the constitutional right to venue is set out in Article 3, Section 26, which directs that the accused shall'have a right to a “public trial by an impartial jury of the county where the offense was committed.” State v. Caldwell, 492 So.2d 575, 577 (Miss. 1986) (emphasis added). As correctly noted by the Court of Appeals, the only reasonable interpretation of the venue provisions under the Medicaid Fraud Control Act under Section 43-13-223(1) is that [286]*286their application would be limited to civil cases. Azomani, 222 So.3d at 349-50, 2016 WL 4187614, at *4; see also Walker v. State, 881 So.2d 820, 824 (Miss. 2004) (statutes are presumed to be constitutional).
¶ 11. Because Dr. Azomani’s trial was in the county “where the offense was committed,” as provided by the Mississippi Constitution, we find that venue was proper in Washington County and that this issue is without merit.
II. Whether Medicaid fraud is within the exception to the two-year statute of limitations.
¶ 12. In 1998, the Mississippi Legislature amended Mississippi Code Section 99-1-5 and added “obtaining money or property under false pretenses or by fraud” to the list of the crimes that are exempt from the two-year statute of limitations. At that time and even today, no crimes are specifically entitled “obtaining money or property under false pretenses or by fraud,” as provided in the statute. Miss. Code Ann. § 99-1-5 (Rev. 2015). Dr. Azomani argued that, since Mississippi Code Section 99-1-5 specifically does not include “Medicaid fraud,” then Medicaid fraud has a two-year statute of limitations.
¶ 13. In Moffett v. State, Moffett argued that, since capital murder was not listed specifically under Section 99-1-5, it was not exempt from the two-year statute of limitations. Moffett v. State, 49 So.3d 1073, 1081 (Miss. 2010). Relying on a Texas case which dealt with a similar issue, this Court addressed the issue as one of first impression. Id. at 1082 (citing Fearance v. State, 771 S.W.2d 486, 494-95 (Tex. Crim. App. 1988)). We found that capital murder was a species of murder, and as such, it had no statute of limitations. Id.
¶ 14. In another case, a similar argument was advanced with the same result. The Court of Appeals, in Hernandez v. State, 137 So.3d 889 (Miss. Ct. App. 2013), correctly reasoned that, even though statutory rape was not expressly set out in Section 99-1-5, “it is within the definition of rape for purposes of the exceptions to the general two-year statute of limitations.” Id. at 892. Accordingly, we find that Medicaid fraud is a species of or within the definition of “obtaining money or property under false pretenses or by fraud” and that this issue is without merit.
CONCLUSION
¶ 15. Finding that Dr. Azomani was indicted and convicted in the proper venue and that Medicaid fraud is exempt from the two-year statute of limitations, we affirm the judgment of the Court of Appeals and affirm the trial court’s judgment including conviction and sentence for both counts of Medicaid fraud.
¶ 16. THE JUDGMENTS OF THE COURT OF APPEALS AND THE WASHINGTON COUNTY CIRCUIT COURT ARE AFFIRMED. COUNT I: CONVICTION OF MEDICAID FRAUD AND SENTENCE OF THREE (3) YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, SUSPEND EXECUTION, TO BE SERVED AS ONE (1) YEAR SUPERVISED PROBATION FOLLOWED BY TWO (2) YEARS UNSUPERVISED PROBATION, AFFIRMED. COUNT II: CONVICTION OF MEDICAID FRAUD AND SENTENCE OF THREE (3) YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, SUSPEND EXECUTION, TO BE SERVED AS ONE (1) YEAR SUPERVISED PROBATION FOLLOWED BY TWO (2) YEARS UNSUPERVISED PROBATION, AFFIRMED. SENTENCE IN COUNT II SHALL RUN CONCURRENTLY WITH THE SEN[287]*287TENCE IN COUNT I. APPELLANT SHALL COMPLETE 100 HOURS OF COMMUNITY SERVICE. APPELLANT SHALL PAY COURT COSTS AND ASSESSMENTS, $6,621.37 AS THE AMOUNT RECEIVED IN COUNT I OF THE INDICTMENT PAYABLE TO THE STATE OF MISSISSIPPI DIVISION OF MEDICAID, $8,094.39 AS THE AMOUNT RECEIVED IN COUNT II OF THE INDICTMENT PAYABLE TO THE STATE OF MISSISSIPPI DIVISION OF MEDICAID, AND $44,147.28 AS TREBLE DAMAGES AUTHORIZED BY THE MEDICAID FRAUD CONTROL ACT: MISS. CODE ANN. § 43-13-225 PAYABLE TO THE STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL. PAYMENT PLAN TO BE FILED BY PROBATION AND PAROLE.
RANDOLPH, P.J., KITCHENS, MAXWELL, BEAM AND CHAMBERLIN, JJ., CONCUR. DICKINSON, P.J., CONCURS IN PART AND IN RESULT WITH SEPARATE WRITTEN OPINION JOINED BY COLEMAN, J. KING, J., NOT PARTICIPATING.