Paul Leone v. State

Respectfully, I must dissent from the majority opinion because the only evidence on the issue indicates that a group of people who had been a grand jury in the past returned the indictment. This void *349indictment did not vest the trial court with jurisdiction.

Appellant preserved his right to appeal the denial of his motion to set aside the indictment and timely appealed. In one issue, he contends that the trial court improperly denied his motion to set aside the indictment because it was not presented until sixteen months after the term of the grand jury returning it had expired.

The record…