State v. Graves

OPINION

PAUL PRESSLER, Justice.

Appellant was indicted for a felony offense involving welfare fraud. The trial court dismissed the cause because the indictment was returned two years and two days after the last occurrence. This is beyond the statute of limitations for misdemeanor theft. We reverse and remand.

The felony for which appellant was indicted was theft involving a continuous course of conduct. TexPenal Code Ann. sec. 31.09 (Vernons 1989) allows the amounts of numerous thefts pursuant to a continuing course of conduct to be aggregated to determine the grade of the offense. Here, the…