Court of Criminal Appeals of Texas

The State of Texas, Appellant v. Ronald Wayne Yount, Appellee

February 24, 19931993 Tex. Crim. App. LEXIS 52

Summary

The Court reversed the Court of Appeals and reinstated the trial court's conviction for the lesser included misdemeanor, holding that a defendant who requests a lesser included offense instruction is estopped from later asserting a statute‑of‑limitations defense to that offense. The decision also affirmed that, after Studer, the statute of limitations is not a jurisdictional bar but a waivable defense.