State v. Yount

Appellee was indicted for the felony offense of involuntary manslaughter. The jury found him guilty of the lesser included misdemeanor offense of driving while intoxicated. The trial court sentenced appel-lee to two years confinement in the county jail, a $2,000.00 fine, and a two year suspension of his driver’s license upon his release.

Subsequently the trial court granted ap-pellee’s motion to set aside the judgment, predicated upon his claim that the statute of limitations had run on the misdemeanor offense under Article 12.02, V.A.C.C.P.1 The State appealed this ruling pursuant to Article…