Ex Parte Matthews

OPINION ON APPELLANTS PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

Appellant was indicted for aggravated perjury allegedly committed on June 12, 1981. Tex.Penal Code Ann. § 37.03. Appellant’s indictment was presented on January 28, 1993 and alleged that the statute of limitations was tolled.1 Tex.Code Crim.Proc.Ann. art. 12.05(a).2 Appellant challenged the in*41dictment, specifically the constitutionality of art. 12.05(a), in a pre-trial application for writ of habeas corpus. The trial judge denied relief and appellant appealed. However, the Court of Appeals dismissed the appeal for lack of…