State v. Turner

OPINION ON REMAND

AMIDEI, Justice.

Appellee was indicted in Cause No. 653846 on January 11, 1993, for theft of property from John Beury alleged to have been committed on August 29, 1987. On the date set for trial, March 8, 1993, appellee filed a motion to dismiss the indictment because it was barred by limitations. Tex. Code CRIM.PROC.Ajnn. art. 12.01(4)(A) (Vernon 1977 & Supp.1993). The State maintained that appellee’s motion was untimely under Article 1.14(b), Texas Code of Criminal Procedure (Vernon 1977 & Supp.1993), which requires the motion to be filed before the date on which the trial…