Schunior v. Texas (original by judge meyers)Annotate this Case
In 2013, Appellee Victor Manuel Schunior, Jr. was indicted on four counts of aggravated assault with a deadly weapon, all of which arose out of a single incident. According to the indictment, the counts occurred on or around February 19, 2011. Appellee filed a motion to dismiss and a pre-trial application for habeas corpus relief, arguing that the State was barred from prosecution because the statute of limitations for aggravated assault had run. Finding that the correct statute of limitations for the aggravated assault charged was two years, the trial court granted Appellee’s request for habeas relief and dismissed the indictment with prejudice. The State appealed, arguing that Article 12.01(7) of the Texas Code of Criminal Procedure applied a three-year limitation period for aggravated assault. The court of appeals disagreed and affirmed the trial court’s order dismissing the indictment. After review of the appellate court's judgment, the Court of Criminal Appeals held that aggravated assault was governed by Article 12.03(d), not Article 12.01(7), and that the lesser-included offense with the greater limitation period did not control.