The State of Texas v. John Dominick Colyandro--Appeal from 331st District Court of Travis County
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-05-00811-CR NO. 03-05-00812-CR NO. 03-05-00813-CR The State of Texas, Appellant v. John Dominick Colyandro, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 331ST JUDICIAL DISTRICT NOS. D-1-DC-05-904150, D-1-DC-05-904156 & D-1-DC-05-904159 HONORABLE WAYNE PATRICK PRIEST, JUDGE PRESIDING MEMORANDUM OPINION The State appeals the district court s order quashing those portions of the indictments against John Dominick Colyandro accusing him of conspiring to violate the election code. See Tex. Pen. Code Ann. § 15.02 (West 2003); Tex. Elec. Code Ann. §§ 253.003, .094, .104 (West 2003). These causes are companions to those before us in State v. DeLay, Nos. 03-05-00817-CR and 03-0500818-CR, decided this day, and raise the same issue: whether the penal code s conspiracy provision applied to the election code at the time of the alleged criminal conduct. For the reasons stated in DeLay, we hold that it did not. The district court s order is affirmed. __________________________________________ Bea Ann Smith, Justice Before Justices B. A. Smith, Puryear and Waldrop Affirmed Filed: April 19, 2006 Do Not Publish 2
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