Sheldon v. State

SUPPLEMENTAL OPINION ON AMENDED MOTION FOR REHEARING

On motion for rehearing, appellant asserts that we should not have refused to address his contention that section 550.021 of the transportation code was unconstitutionally vague as applied to him. Appellant argues that, contrary to our opinion, he had raised this issue in the trial court in his pretrial motion to quash the indictment. However, we have recently held that a challenge to a statute on grounds that it is unconstitutionally vague as applied cannot be raised by a motion to quash or a motion to set aside an indictment.

A motion to…