Court of Criminal Appeals of Texas

Affirmation of conviction for aggregated theft is reversed and remanded for a harm analysis where: 1) the indictment was statutorily required to indicate on its face that a prosecution thereunder was not barred by the applicable statute of limitations; 2) if tolling were required to bring the alleged offense within the statute of limitations, the state was required to plead applicable tolling facts in the indictment itself; and 3) the indictment failed to meet these requirements and so was subject to a pretrial motion to dismiss on statute of limitations grounds.

Appellate Information

• Decided 09/10/2008
• Published 09/10/2008

Judges

• HOLCOMB, J., delivered the opinion of the Court, in which PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, and COCHRAN, JJ., joined.

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Allen Tanner, Houston, TX, for Appellant., Kevin Keating, Asst. District Attorney, Houston, Jeffrey L. Van Horn, State's Attorney, Austin, TX, for State.