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State of Texas v. Allen

Appellant was indicted for the offense of forgery of a government document (a driver's license). Appellant moved to quash the indictment, arguing that although the forgery statute found in the penal code generally applies to the violations alleged in the indictment, the transportation code contains more specific provisions covering the conduct at issue. Therefore, he argued that the more specific provisions under the transportation code controlled. The trial court granted his motion and quashed the indictment and the state appealed. The district court erred by granting appellant's motion to quash. Austin Court of Appeals, No. 03-09-00164-CR, 02-16-2011

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OPINION

Jeffery Porter Allen was indicted for the offense of forgery of a government document (a driver’s license). See Tex. Penal Code Ann. § 32.21 (West Supp. 2009) (defining forgery). Allen moved to quash the indictment, arguing that although the forgery statute found in the penal code generally applies to the violations alleged in the indictment, the transportation code contains more specific provisions covering the conduct at issue. See Tex. Transp. Code Ann. §§ 521.451 (West 2007), .455 (West Supp. 2010). For that reason, Allen argued that the more specific provisions under the transportation code controlled. The trial court granted Allen’s motion and quashed the indictment. The State appeals the trial court’s order. See Tex. Code Crim. Proc. Ann. art. 44.01(a)(1) (West Supp. 2009) (limiting grounds upon which State may appeal order of court in criminal case). We will reverse and remand the case to the district court.

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