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STATE v. GRAVES

No. C14-89-069-CR.

775 S.W.2d 32 (1989)

The STATE of Texas, Appellant, v. Cheryl Lynn GRAVES, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Discretionary Review Granted November 22, 1989.

Attorney(s) appearing for the Case

Charles F. Baird, Michael B. Charlton, Houston, for appellant.

J. Harvey Hudson, Houston, for appellee.

Before PAUL PRESSLER, CANNON and ELLIS, JJ.

OPINION

PAUL PRESSLER, Justice.

Appellant was indicted for a felony offense involving welfare fraud. The trial court dismissed the cause because the indictment was returned two years and two days after the last occurrence. This is beyond the statute of limitations for misdemeanor theft. We reverse and remand.

The felony for which appellant was indicted was theft involving a continuous course of conduct. Tex.Penal Code Ann. sec. 31.09 (Vernons 1989...

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