Gallardo v. State

OPINION

ONION, Assigned Justice.

This appeal is taken from a conviction for aggravated rape of a child under former Sections 21.03 and 21.09 of the Texas Penal Code (repealed in 1983). The jury, having found the appellant guilty, assessed his punishment at 99 years’ confinement in the department of Corrections, and in addition assessed a $10,000.00 fine.

At the outset we are confronted with appellant’s initial contention on appeal that the trial court erred in denying his motion to dismiss the indictment as the prosecution was barred by the statute of limitations. The State takes the position…