Schunior, Victor Manuel Jr.
PD-0526-15
| Tex. App. | Oct 26, 2015Background
- State indicted Victor Manuel Schunior Jr. on four counts of aggravated assault for Feb 19, 2011 incidents involving gunfire at individuals exiting vehicles.
- Indictment was returned April 17, 2013, about two years after the shootings.
- Counts 1–3 involve discharging a firearm at persons; count 4 involves another related act.
- Schunior moved to dismiss, arguing the two-year limit under Article 12.03(d); State argued a three-year limit under Article 12.01(7) catch-all.
- Trial court granted dismissal; Court of Appeals (San Antonio) affirmed dismissal in a published slip opinion.
- State's brief on merits argues the statutes are ambiguous or absurd if read two-year, and supports a three-year limitations period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Limitations period governed by 12.01(7) or 12.03(d)? | Schunior: three-year under 12.01(7) presumption applies. | Schunior: two-year under 12.03(d) controls. | Three-year limitations period applies; ambiguity requires Boykin-based analysis. |
| If 12.03(d) controls, do lesser-included offenses with longer periods govern when there are both misdemeanor and felony lesser offenses? | Three-year result should be adopted to avoid absurdity; three-year dicta supported. | Two-year result could apply to aggravated assault with certain lesser offenses. | Three-year result governs for the first three counts; avoid absurd outcome by treating primary crime as the underlying felony with three-year period. |
Key Cases Cited
- State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007) (presumption of legislative ratification applies to dicta when statute reenacted without change)
- State v. Bennett, 415 S.W.3d 867 (Tex. Crim. App. 2013) (concurrence on legislative history and interpretation after long silence; three-year rule favored)
- Fantich v. State, 420 S.W.3d 287 (Tex. App.—Tyler 2013) (held 12.01(7) catch-all subordinate to 12.03(d); treated statutes as unambiguous)
- Hunter v. State, 576 S.W.2d 395 (Tex. Crim. App. 1979) (dicta: three-year period for aggravated assault)
- Ex parte Salas, 724 S.W.2d 67 (Tex. Crim. App. 1987) (dicta: three-year limitations for aggravated assault)
- Garcia v. State, 145 S.W.2d 180 (Tex. Crim. App. 1940) (dicta/intimation basis for legislative assent to judicial construction)
- Garcia v. State, 829 S.W.2d 796 (Tex. Crim. App. 1992) (plurality opinion on overlapping statutes and construction)
- Mead v. Property Owners' Ass'n of Terilingua Ranch, Inc., 410 S.W.3d 434 (Tex. App.—El Paso 2013) (cited regarding statutory interpretation principles (contextual precedent))
- Griffith v. State, 116 S.W.3d 782 (Tex. Crim. App. 2003) (absurd-result avoidance in statutory construction)