Ex Parte Matthews

There is no authority in our law for a pretrial habeas corpus attacking the validity of allegations in the charging instrument that the applicable tolling statute of limitations “as applied to the facts and circumstances of the present offense” is unconstitutional on several asserted grounds. Ex parte Matthews, 846 S.W.2d 152, at 154 (Tex.App.— Houston 1993).

The code of criminal procedure enumerates authorized pleadings of a defendant in Article 27.02, V.A.C.C.P. The first is “(1) A motion to set aside or an exception to an indictment or information for some matter of form or substance.”

Ground…