Frederick Deshun Lee v. State, 12-15-00183-CR

Frederick Deshun Lee was indicted on two counts of aggravated assault on public servants and moved to set aside the indictment as barred by the two‑year statute of limitations.
After the trial court denied the motion, Lee pleaded guilty and received two concurrent 17‑year prison sentences; he appealed solely on the statute‑of‑limitations issue.
Article 12.01 of the Texas Code of Criminal Procedure sets limitation periods for felonies and refers to Article 12.03 for aggravated offenses not enumerated in 12.01.
Article 12.03(d) provides that an offense titled “aggravated” carries the same limitation period as the primary crime.
The indictment alleged Lee stabbed two Texas Department of Criminal Justice employees (public servants) while they were lawfully discharging duties and used a deadly weapon; those allegations can make the underlying assault a felony.
The court concluded that because the primary crime was felony assault against public servants, the three‑year limitation in Article 12.01(7) applied; the trial court’s denial of Lee’s motion was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the indictment is time‑barred by the statute of limitations	Lee: "primary" crime is misdemeanor assault → two‑year limitation	State: allegations (assault on public servants) make the primary crime a felony → three‑year limitation	Court: primary crime is felony assault; three‑year limitation applies; indictment not time‑barred

Krause v. State, 405 S.W.3d 82 (Tex. Crim. App. 2013) (statutory construction reviewed de novo)
Clinton v. State, 354 S.W.3d 795 (Tex. Crim. App. 2011) (use plain meaning and canons of construction to determine legislative intent)
Boykin v. State, 818 S.W.2d 782 (Tex. Crim. App. 1991) (interpretive principles cited for statutory construction)
Fantich v. State, 420 S.W.3d 287 (Tex. App.—Tyler 2013) (construed Articles 12.01 and 12.03; held primary crime can be misdemeanor or felony depending on allegations)