Frederick Deshun Lee v. State
12-15-00183-CR
| Tex. App. | Aug 24, 2015Background
- Indictment on Apr. 24, 2014 charged two counts of aggravated assault of a public servant under Tex. Penal Code § 22.02, alleged to occur on Feb. 29, 2012.
- Defendant pled guilty to both counts on Jun. 5, 2015 under a plea bargain; trial court sentenced to 17 years for each count.
- Trial court denied Appellant’s Motion to Set Aside the Indictment (Mar. 31, 2015) based on a 2-year limitations period.
- Indictment filed Apr. 24, 2014 appears to exceed the 2-year limitations period for misdemeanor assault under Art. 12.02(a) when the primary offense is misclassified.
- Appellant timely filed notices of appeal on Jul. 2, 2015 for both counts; no Motion for New Trial was filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the trial court’s denial of the Motion to Set Aside the Indictment correct? | Lee argues limitations bars the indictment. | Lee contends the primary offense is misdemeanor assault with a 2-year limit. | Trial court erred by denying the motion. |
Key Cases Cited
- Fantich v. State, 420 S.W.3d 287 (Tex. App.—Tyler 2013, no pet.) (analyzes primary offense for aggravated assault)
- Vasquez v. State, 557 S.W.2d 779 (Tex. Crim. App. 1977) (indictment must show prosecution not barred by limitations)
- White v. State, 61 S.W.3d 424 (Tex. Crim. App. 2001) (statutory interpretation of limitations against the State)
- Ex parte Keller, 173 S.W.3d 492 (Tex. Crim. App. 2005) (statutory construction or limitations context guidance)