Alexander Hernandez, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals held that under Texas Code of Criminal Procedure Article 12.05(b) a prior indictment tolls the statute of limitations for a later indictment when both indictments allege the same conduct, act, or transaction, even if they charge different statutory offenses, and reversed and remanded the Court of Appeals decision. Justice Keasler filed a concurring opinion criticizing the majority’s approach to silent statutes.