Ex Parte Smith

178 S.W.3d 797 (2005)

Ex Parte Jason Christopher SMITH.

No. PD-0616-04.

Court of Criminal Appeals of Texas.

October 19, 2005.

Rehearing Denied December 7, 2005.

H.F. Rick Hagen, Denton, for appellant.

Kathleen A. Walsh, Asst. D.A., Denton, Matthew Paul, State's Attorney, Austin, for State.

OPINION

We granted the State's petition in this case to determine whether a defendant may complain about the sufficiency of a tolling allegation in a petition for a pretrial writ of habeas corpus.[1] We decide that he may not. When a charging instrument shows on its face that prosecution is barred by the statute of…