State v. DeLay

OPINION

BEA ANN SMITH, Justice.

The State has filed this interlocutory appeal challenging the district court’s quashing of those portions of the indictments against Thomas Dale DeLay that charge him with conspiring to violate the election code. See Tex. PemCode Ann. § 15.02 (West 2003); Tex. Elec.Code Ann. §§ 253.003, .094, .104 (West 2003). Although the legislature amended the election code in 2003 to explicitly incorporate a conspiracy offense, the State cannot rely on this amendment because DeLay is charged with conduct that took place prior to its enactment. See Tex. Elee.Code Ann. § 1.018…