Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
appeal from the 28th District Court of Nueces County, Texas.
Justices Benavides, Longoria, and Perkes
L. LONGORIA JUSTICE
Court's memorandum opinion issued on October 10, 2019, is
hereby withdrawn and the following is substituted
Christopher Floyd was indicted for several offenses,
including intoxication manslaughter. See Tex. Penal
Code Ann. § 49.08(B). Floyd filed an application for
habeas corpus, arguing that the intoxication manslaughter
charges were barred by the statute of limitations; the trial
court denied habeas relief. By one issue on appeal, Floyd
argues that the trial court erred in denying habeas relief.
as this appeal is concerned, the facts are undisputed. On May
19, 2017, Floyd was indicted (Petition One) for manslaughter,
a second-degree felony, criminally negligent homicide, a
state jail felony, and possession of cocaine in an amount of
less than one gram, a state jail felony. See id.
§§ 19.04, 19.05; Tex. Health & Safety Code Ann.
§ 481.115(b). Count one, relating to manslaughter,
on or about December 8, 2014, in Nueces County, Texas,
[Floyd] did then and there recklessly cause the death of an
individual, namely, Teresa Moody, by causing a vehicle
operated by Christopher Floyd to collide with a vehicle in
which Teresa Moody was an occupant, and/or causing a vehicle
operated by Christopher Floyd, while Christopher Floyd was
under the influence of a narcotic and/or narcotics, to
collide with a vehicle in which Teresa Moody was an occupant.
two was identical except it named a different victim: Faye
December 14, 2017, Floyd was re-indicted (Petition Two),
alleging the same offenses as Petition One but also adding
the offense of intoxication manslaughter, a second-degree
felony. See Tex. Penal Code Ann. § 49.08(b).
Count one in Petition Two read as follows:
On or about December 8, 2014, in Nueces County, Texas,
[Floyd] did then and there operate a motor vehicle in a
public place while intoxicated by reason of the introduction
of alcohol into his body or by reason of the introduction of
a combination of alcohol and a controlled substance or
substances, a drug or drugs, or a dangerous drug or drugs
into his body, and did by reason of such intoxication cause
the death of another, namely Teresa Moody, by accident or
mistake, namely by causing a vehicle operated by Christopher
Floyd to collide with a vehicle in which Teresa Moody was an
two was identical except it listed Mosier as the victim.
27, 2018, Floyd filed an "Application for Habeas Corpus
and Alternative Motion to Quash Indictment." Floyd
asserted that the offense of intoxication manslaughter has a
three-year statute of limitations. Therefore, because
Petition Two was filed more than three years after the
alleged offense occurred, the prosecution against him for
intoxication manslaughter was barred by the statute of
August 2, 2018, the State re-indicted ("Petition
Three") Floyd, alleging the same offenses as Petition
Two, but this time including a tolling provision, claiming
that the statute of limitations was tolled. On August 16,
2018, the trial court held a hearing; the trial court denied