Schunior, Victor Manuel Jr.
PD-0526-15
| Tex. | May 6, 2015Background
- Indicted on four counts of aggravated assault with a deadly weapon arising from a Feb. 19, 2011 incident; indictment filed Apr. 17, 2013.
- Indictment alleges firing at three individuals and striking one after exiting a vehicle; offenses designated as aggravated assault with deadly weapon.
- Schunior moved to dismiss arguing limitations under Article 12.03(d) (two-year limit); State urged three-year limit under Article 12.01(7).
- Trial court granted dismissal April 15, 2014; San Antonio Court of Appeals affirmed April 22, 2015 (Tab A).
- State seeks discretionary review to resolve whether aggravated assault limitations are governed by Article 12.01(7) or Article 12.03(d) and how lesser-included offenses affect the period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which statute governs limitations for aggravated assault? | State argues three-year limit under 12.01(7) as all other felonies. | Schunior argues Article 12.03(d) governs based on aggravated offense rule. | Article 12.01(7) controls only when 12.03(d) does not apply; court holds 12.03(d) governs here. |
| If 12.03(d) governs, does a lesser-included offense with a longer period control when a felony lesser-included exists? | State contends three-year limit should apply via most serious underlying felony. | Schunior argues two-year limit for aggravated offenses should apply to this case. | Two-year limit applies under 12.03(d) with misdemeanor underlying offense as primary, avoiding absurd result. |
Key Cases Cited
- State v. Bennett, 415 S.W.3d 867 (Tex. Crim. App. 2013) (unsettled law on limitations period; multiple opinions recognize ambiguity)
- Fantich v. State, 420 S.W.3d 287 (Tex. App.—Tyler 2013, no pet.) (two-year rule for aggravated assault not based on plain-language alone)
- Boykin v. State, 818 S.W.2d 782 (Tex. Crim. App. 1991) (plain text controls; extratextual sources only when ambiguity or absurd results)
- Ivey v. State, 277 S.W.3d 43 (Tex. Crim. App. 2009) (ambiguity standard for statutory interpretation)
- Ex parte Matthews, 933 S.W.2d 134 (Tex. Crim. App. 1996) (two-year limit for aggravated perjury under 12.03(d) cited in analysis)
- Ex parte Salas, 724 S.W.2d 67 (Tex. Crim. App. 1987) (longstanding dictum that aggravated assault had three-year period before 12.03(d))
- Hernandez v. State, 127 S.W.3d 768 (Tex. Crim. App. 2004) (distinguished as dicta; tolling analysis not controlling here)
- Tita v. State, 267 S.W.3d 33 (Tex. Crim. App. 2008) (tolling and indictment sufficiency considerations)