Ex Parte Smith

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

Appellant Jason Christopher Smith appeals from the trial court’s denial of the relief sought in his pretrial writ of habeas corpus. In a single point, Smith alleges that his prosecution is barred by the statute of limitations and that the tolling provision alleged by the State is invalid. We hold that the tolling provision is not sufficiently specific and that the lack of specificity is a substantive defect. See Tex. Code CRiM. PROC. Ann. arts. 12.02,12.05(b), 27.08(2) (Vernon 1977). Accordingly, we sustain Smith’s point, and order the information…