We have been receiving appeals from JP Court where the date of offense is over two years ago. Our CCatLaw Judge takes the position that they are past the Statute of Limitations, as they are filed and handled as trials de novo, are barred by the SoL. The JPs are of the opinion that if the appeal bond is timely filed they must forward them to the County Clerk, no matter what the offense date is. I am unsure because Art. 12.02, dealing with the SoL of misdemeanors, states that an indictment or information may not be presented after two years and these appeals are tried on complaints, not informations. Please help!

I think your statute of limitations is tolled if a complaint was on file with the JP. TCCP Art. 12.05.

"The time during the pendency of an indictment, information, or complaint shall not be computed in the period of limitation."

[This message was edited by J.R. Allen on 04-30-07 at .]

I think CCP Art.12.05 only applies in cases where there is a re-indictment in district court or a re-filing in county court when the same charge had previously been on file. I do not think that the time period a felony or county court charge was pending in JP court would toll the statute of limitations.

Am I reading CCP 27.14 correctly- the appeal bond must be filed within 31 days of defedant receiving notice of the amount of the appeal bond? If not doesn't that mean the defendant cannot appeal? Again, my JPs think that if a defendant files an appeal bond at any time, they MUST appeal the case to us. It is only at that time that they prepare and file a complaint, which may be years later.

I think you are right. Art. 12.05 (b) tolls the SoL while the complaint is pending in JP court.

Besides, only the trial is de novo. The prosecution was initiated in JP court, not county court. The county court is exercising its appellate jurisdiction.

This may help too: An appeal from a municipal court of record is based on error in the record; there is no trial de novo CCP Art. 45.042. The judge's interpretation would bar prosecution of a JP court appeal, but not an appeal from a municipal court of record. Surely that is not the intent of the CCP, especially when a Class C offense that is committed in a city can be prosecuted in either JP or municipal court (CCP Art. 4.14 (b)).

I was a former Court Coordinator and had a similar experience in this County. However, our CCAL Judges took the position that the statue was tolled during the pendency of this case, which our DA's office did as well.

Now, what might help ease the concerns of the CCAL Judges is this...

we set our cases for hearing and if the defendant did not appear then the appeal was denied and returned to the lower court for enforcement of the previuos judgment. Hundreds of cases were disposed within about a year.

Over 90% of our cases with attorney were worked out by virtue of plea bargain.

I read CCP 45.0426 to allow only 10 days for filing of the appeal bond...If that helps any...