I just saw an interesting case: Sanchez v. State, 2004 Tex. Crim. App. LEXIS 1119 , Court of Criminal Appeals-publish, June 30, 2004, Delivered
June 30, 2004, Filed


The Court of Criminal Appeals interpreted Tex. C. Crim. Proc. 45.019(f) which states that a motion to quash must be filed "before the date on which the trial on the merits commences". In that case, Defendant was charged in a municipal court with a consumer affairs violation. On the day the case was set for trial, he made an oral motion to quash the complaint, which was granted. The judgment was affirmed on appeal, and the State again appealed. The Dallas Court of Appeals affirmed and overruled the State's motion for rehearing. The State filed a petition for discretionary review and the Court of Criminal Appeals affirmed 7-2 holding that if the motion is granted the trial on the merits isn't going to begin that day since the motion was quashed. It's not the day before the case is set for trial. Interesting, the Court agreed that if the motion is quashed the motion would be untimely because the trial will then begin that day. The court held that the statute means what it says nevertheless and if they meant the day "set" for trial they would have put that in the statute. The dissent pointed out that if the motion to quash is sustained the statute is meaningless as well since it really doesn't matter when the motion was filed. Also, If a defendant files an objection to the charging instrument on the date that the trial is set, he will be not be allowed to appeal a trial court's overruling of the objection if the trial actually begins on that date.

Is there no provision for the State to amend a Class C complaint? If the complaint is quashed why not just refile the case in any event? To avoid any problem why would you not just "state that the affiant has good reason to believe and does believe that the accused has committed an offense against the law of this state". I realize that would give little if any notice to the accused, but it would seem to satisfy the literal terms of the statute and would seem to avoid all motions to quash.

Since the state has to amend the day before-you could have quash, amend, quash, amend up to I guess the closing of the clerk's office.