State v. Turner

I respectfully dissent. In this Court’s panel decision in Skero v. State, 866 S.W.2d 336 (Tex.App.—Houston [14th Dist.], 1993), that panel obviously misquoted Tex.Code Crim. Proc.Ann. art. 1.14(b) (Vernon Supp.1993). The opinion correctly holds that where no objection is made before trial that the statute of limitations had run at the time the indictment was presented, the appellant waives his right to complain for the first time on appeal. However, the panel in citing art. 1.14(b) left out vital language which I believe is controlling in the case before us. The panel stated:

The Code of…