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McBRIDE v. STATE

No. 03-02-00185-CV.

114 S.W.3d 556 (2002)

Kirk Wayne McBRIDE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

December 5, 2002.

Attorney(s) appearing for the Case

Kirk Wayne McBride, Beeville, pro se.

M. Carol Gardner, Office of Atty. Gen., Austin, for appellee.

Before Justices KIDD, PATTERSON and PURYEAR.

MACK KIDD, Justice.

Kirk Wayne McBride appeals from the district court's order dismissing his petition for audita querela relief. By this petition, McBride sought to collaterally attack his conviction for aggravated sexual assault in Comal County cause number CR95 129, for which he is now serving a ninety-nine-year prison sentence, on the ground that the prosecution was barred by the statute of limitations. The district court dismissed the action pursuant to civil...

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