Legal Opinion
Hernandez v. State
Court of Criminal Appeals of Texas
Decided February 4, 2004No. 826-02PublishedCited by 75 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · PricePrice, J.
MEYERS, WOMACK, JOHNSON, HOLCOMB, and COCHRAN, JJ., joined.
The question before the Court today is whether Code of Criminal Procedure Article 12.05(b) permits an earlier indictment *769for a violation of one law to toll the statute of limitations in the prosecution of a later indictment of the same defendant for violating a different law. We conclude that the first indictment tolls the statute of limitations if both indictments allege the same conduct, same act, or same transaction, even if the offenses charged do not fall within the-same statute.
I. Facts
The appellant was arrested on July…
3Cases cited22 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Boykin v. StateCourt of Criminal Appeals of Texas · 1991
- Toussie v. United StatesSupreme Court of the United States · 1970
- Studer v. StateCourt of Criminal Appeals of Texas · 1990
- Proctor v. StateCourt of Criminal Appeals of Texas · 1998
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4Cited by75 opinions
- Ex Parte SmithCourt of Criminal Appeals of Texas · 2005
- Tita v. StateCourt of Criminal Appeals of Texas · 2008
- Tyson v. StateCourt of Appeals of Texas · 2005
- EX PARTE Stacey LOVINGSCourt of Appeals of Texas · 2015
- Drummond, Jimmy EarlCourt of Criminal Appeals of Texas · 2016
70 more not listed; retrieve them via the Exa API.