Background

• Fantich appeals denial of his pretrial application for writ of habeas corpus challenging the indictment on statute of limitations grounds.
• Fantich was indicted June 14, 2012 for criminal conspiracy to commit aggravated assault, alleged to have occurred on or about October 1, 2009.
• The trial court denied the motion to set aside the indictment and ruled the limitation for conspiracy to commit aggravated assault was three years.
• This appeal concerns whether the limitation period for aggravated assault is two years or three years, under Art. 12.03 and related statutes.
• The court held that the primary crime of the aggravated assault was a misdemeanor, making the conspiracy limitation two years, and dismissed the indictment.
• The judgment reverses the trial court and dismisses the indictment.

Issues

Key Cases Cited

• Ex parte Matthews, 933 S.W.2d 134 (Tex. Crim. App. 1996) (two-year limitation for aggravated offenses used to bar prosecution)
• Compton v. State, 202 S.W.3d 416 (Tex. App.—Tyler 2006) (interplay of Art. 12.01 and 12.03 governs limitation for aggravated offenses)
• Ex parte Tamez, 4 S.W.3d 854 (Tex. App.—Houston [1st Dist.] 1999) (two-year limit for aggravated offenses reaffirmed)
• Ex parte Zain, 940 S.W.2d 253 (Tex. App.—San Antonio 1997) (two-year limit for aggravated offenses recognized)
• Ex parte Salas, 724 S.W.2d 67 (Tex. Crim. App. 1987) (three-year period historically applied to aggravated assault; statements cited)
• Hunter v. State, 576 S.W.2d 395 (Tex. Crim. App. 1979) (three-year limitation discussed in context of aggravated assault)
• Peacock v. State, 690 S.W.2d 616 (Tex. App.—Dallas 1985) (assumed three-year limitation for aggravated assault in prior context)
• Ex parte Matthews, 933 S.W.2d 134 (Tex. Crim. App. 1996) (see above (duplicate to reflect key authority))