Has anyone had a problem with an indictment where the case is so old the charge is Rape and not one of those listed in 62.12 CCP? A motion to quash was filed on my indictment alleging that rape is not one of the listed charges and that rape can be a crime that is not necessarily violent. I have a copy of the indictment(microfilmed copy) from the county where he was convicted but I can not get a certified copy? The indictment clearly alleges a sexually violent offense. Any suggestions?

Take a look at Rodriguez 93 S.W.3d 30. It doesn't specifically address your situation, but may help lead you to the solution.