Ex Parte Matthews

At issue in the instant case is the statutory interpretation of Tex.Code Crim. Proe. Ann. art. 12.05(a), which provides:

The time during which the accused is absent from the state shall not be computed in the period of limitation.1

I

In Boykin v. State, 818 S.W.2d 782 (Tex.Cr.App.1991), we stated the “lawmaking” function is assigned to the Legislature and the “law interpreting” function is assigned to the judiciary. Tex. Const, art. II, § 1. In discharging this assignment, the judiciary “seek[s] to effectuate the ‘collective’ intent or purpose of the legislators who enacted the legislation.”…