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EX PARTE SMITH

No. PD-0616-04.

178 S.W.3d 797 (2005)

Ex Parte Jason Christopher SMITH.

Court of Criminal Appeals of Texas.

Rehearing Denied December 7, 2005.

Attorney(s) appearing for the Case

H.F. Rick Hagen, Denton, for appellant.

Kathleen A. Walsh, Asst. D.A., Denton, Matthew Paul, State's Attorney, Austin, for State.

OPINION

PER CURIAM.

We granted the State's petition in this case to determine whether a defendant may complain about the sufficiency of a tolling allegation in a petition for a pretrial writ of habeas corpus.1 We decide that he may not. When a charging instrument shows on its face that prosecution is barred by the statute of limitations and that pleading is not reparable, a defendant may seek relief from a time-barred...

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