EX PARTE Eric Michael HEILMAN, Appellee

MEYERS, J.,

filed a dissenting opinion.

Today the majority overrules our prior decision in Phillips v. State, 362 S.W.3d *172606 (Tex.Crim.App.2011), and determines that Appellant is not entitled to relief on his statute of limitations claim. With today’s decision we are continuing down an unreasonable path of placing the entire burden on the defendant to complain of statute of limitations issues. The statute of limitations should not be a defensive issue, and I believe that the case we should actually be overruling today is Proctor v. State, 967 S.W.2d 840 (Tex.Crim.App.1998).

In Proctor we…