State v. James Walter Ellis ( 2006 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-05-00814-CR

NO. 03-05-00815-CR

NO. 03-05-00816-CR

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The State of Texas, Appellant

v.

James Walter Ellis, Appellee

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FROM THE DISTRICT COURT OF TRAVIS COUNTY, 331ST JUDICIAL DISTRICT

NOS. D-1-DC-05-904151, D-1-DC-05-904157 & D-1-DC-05-904160,

HONORABLE WAYNE PATRICK PRIEST, JUDGE PRESIDING

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M E M O R A N D U M O P I N I O N

The State appeals the district court’s order quashing those portions of the indictments against James Walter Ellis accusing him of conspiring to violate the election code. See Tex. Pen. Code Ann. § 15.02 (West 2003); Tex. Elec. Code Ann. §§ 253.003, .094, .104 (West 2003). These causes are companions to those before us in State v. DeLay, Nos. 03-05-00817-CR and 03-05-00818-CR, decided this day, and raise the same issue: whether the penal code’s conspiracy provision applied to the election code at the time of the alleged criminal conduct. For the reasons stated in DeLay, we hold that it did not.

The district court’s order is affirmed.

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                                                Bea Ann Smith, Justice

Before Justices B. A. Smith, Puryear and Waldrop

Affirmed

Filed: April 19, 2006

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