Tita v. State

in which PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, and COCHRAN, JJ„ joined.

The court of appeals held that: (1) the trial court did not err in denying appellant’s pretrial motion to dismiss based on the statute of limitations and (2) the State was not obligated at trial to prove that its prosecution of appellant was not barred by the statute of limitations. We reverse and remand.

On March 14, 2005, a Harris County grand jury returned two indictments charging appellant with aggregated theft under Texas Penal Code §§ 31.03(a) and 31.09. One indictment, in cause number 1019874, alleged that, on or…