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Fantich v. State

Court of Appeals of Texas, Twelfth District, Tyler

December 20, 2013

MARC FANTICH, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE

Released for Publication February 19, 2014.

APPEAL FROM THE 294TH JUDICIAL DISTRICT COURT, VAN ZANDT COUNTY, TEXAS. Judge Teresa Drum, Judge.

Michael W. McCrum, for Appellant.

Chris B. Martin, for State.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

OPINION

Page 288

Sam Griffith, Justice.

Marc Fantich appeals from the trial court's denial of his pretrial application for writ of habeas corpus. In two issues, he contends that his indictment for conspiracy to commit aggravated assault is barred by the statute of limitation. We reverse and dismiss the indictment.

Background

On June 14, 2012, a Van Zandt County grand jury indicted Appellant for the offense of criminal conspiracy to commit aggravated assault. The indictment alleged that the offense was committed on or about October 1, 2009--more than two years before the indictment was filed.

Appellant filed a motion to set aside the indictment, contending that the limitation period for the offense had run. The trial court denied Appellant's motion and ruled that the limitation period for criminal conspiracy to commit aggravated assault is three years.

Appellant filed an application for a pretrial writ of habeas corpus based on the running of the limitation period, which the trial court also denied.[1] This appeal followed.

Limitation Period for Aggravated Assault

Both parties agreed at oral argument that this is a case of statutory construction. The dispute is whether the limitation

Page 289

period for the offense of aggravated assault is two or three years. See Tex. Code Crim. Proc. Ann. art. 12.03(b) (West 2005) (limitation for conspiracy is same as object of conspiracy).

Appellant raises two issues: (1) whether application of articles 12.03(b) and (d) of the Texas Code of Criminal Procedure to the offense of conspiracy to commit aggravated assault warrants application of the two-year period of limitation for the " primary" crime of assault, and (2) whether, in determining the statute of limitation for the offense of conspiracy to commit aggravated assault, the rules of statutory construction warrant application of articles 12.03(b), 12.03(d), and 12.02(a). The State contends that the court ...


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