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Mercier v. State

A harm analysis under Rule of Appellate Procedure 44.2(b) is necessary when an indictment is defective due to the lack of a tolling provision. Therefore, the court of appeals erred in failing to conduct a harm analysis. Texas Court of Criminal Appeals, No. PD-1121-09, 10-07-2010

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OPINION

Appellant, Eugene Mercier, was convicted of conspiracy to commit barratry. The jury sentenced him to two years’ confinement, suspended for five years with community supervision, and a fine of $7,500. The trial court granted Appellant’s motion for a new trial and entered an order of acquittal based on insufficient evidence. The court of appeals reversed the trial court and remanded the cause for entry of the original jury verdict. State v. Mercier, 164 S.W.3d 799 (Tex. App.-Corpus Christi-Edinburg 2005) (Mercier I). On remand, the trial court reduced the sentence to six months in state jail, suspended for two years, and a fine of $7,500. Appellant appealed, and the court of appeals reversed the trial court’s judgment and dismissed the case because it granted the limitations claim. Mercier v. State, No. 13-06-00298-CR, 2009 Tex. App. LEXIS 3349 (Tex. App.-Corpus Christi-Edinburg May 14, 2009) (not designated for publication) (Mercier II). The State filed a petition for discretionary review asking whether a harm analysis is necessary when a trial court fails to grant a motion to quash an indictment that does not toll the statute of limitations. We granted the petition to determine whether the court of appeals erred in failing to conduct a harm analysis. We will reverse.

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