State v. Colyandro

OPINION

in which KELLER, P.J., and PRICE, WOMACK, and HERYEY, JJ., joined.

Charged with conspiracy to violate certain provisions of the Election Code, John Dominick Colyandro, James Walter Ellis, and Thomas Dale Delay moved to quash the charges. They contended that the State failed to allege an offense based on our prior decisions implicitly holding that the offenses defined in Title 4 of the Penal Code, which includes the criminal conspiracy statute, do not apply to offenses defined outside the Penal Code. The trial judge agreed and quashed the charges. The State appealed, and the Third Court…