Court of Criminal Appeals of Texas· 2/4/2004

Hernandez v. State

Citations

127 S.W.3d 768
2004 Tex. Crim. App. LEXIS 163
2004 WL 203116

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that a prior indictment tolls the statute of limitations under Article 12.05(b) for a subsequent indictment when both indictments allege the same conduct, same act, or same transaction
holding that a prior indictment alleging possession of amphetamine arose from the same conduct as a subsequent indictment alleging a similar offense when both indictments referred to a controlled substance found on the defendant’s person on a particular date
stating that “an indictment or information that is flawed by a defect of substance but that purports to charge an offense is not fundamentally defective and, in the absence of a pretrial objection, it will support a conviction”
tolling can occur where subsequent indictment alleges same conduct, same act, or same transaction as alleged in prior indictment
tolling can occur where subsequent indictment alleges same conduct, same act, or same transaction as alleged in prior indictment
tolling can occur where subsequent indictment alleges same conduct, same act, or same transaction as alleged in prior indictment

Source: CourtListener parenthetical corpus (CC0).

Judges: Price, Meyers, Womack, Johnson, Holcomb, Cochran, Keasler, Keller, Hervey

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Cited by

64 cases in this archive cite this case; the 20 most cited are listed.

Cites

26 cases in this archive are cited by this case; the 20 most cited are listed.

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