BONNER v. STATE

No. 07-91-0287-CR.

832 S.W.2d 134 (1992)

Craig BONNER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

Opinion on Motion for Rehearing June 30, 1992.

Discretionary Review Refused September 30, 1992.


Attorney(s) appearing for the Case

Warren L. Clark, Amarillo, for appellant.

Danny Hill, Dist. Atty., Bruce P. Sadler, Asst. Dist. Atty., Amarillo, for appellee.

Before REYNOLDS, C.J., and BOYD and POFF, JJ.


BOYD, Justice.

This case presents the question which is of first impression in this state, whether prosecution is barred for felony delivery of a controlled substance when the complaint was filed within the limitation period but an indictment was not returned until that period had expired. For reasons hereinafter expressed, we hold prosecution is not barred and affirm the judgment of the trial court.

On September 17, 1986, a complaint was filed in the trial...

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