STATE v. BENNETT

No. PD-0354-12.

415 S.W.3d 867 (2013)

The STATE of Texas v. Carl Alan BENNETT, Appellee.

Court of Criminal Appeals of Texas.

November 27, 2013.


Attorney(s) appearing for the Case

Riann C. Moore , Dallas County Public Defender's Office, Dallas, TX, for appellant.

Michael R. Casillas Assistant District Attorney Dallas, TX, Lisa C. McMinn , State's Attorney, Austin, TX, for the State.

KELLER, P.J., filed a concurring opinion in which PRICE, J., joined as to part I.


OPINION

In his motion for new trial, Carl Bennett alleged that he received ineffective assistance of counsel. The trial judge agreed and granted him a new trial. The court of appeals reversed and found that trial counsel was not ineffective for failing to challenge Bennett's indictment on statute-of-limitations grounds because the legal basis of such a challenge was unsettled. We agree and affirm the court of appeals' judgment.

On December 1, 2009...

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