CAUSE NO.  	

THE STATE OF TEXAS

§ 	IN THE
§

VS.

§ 	DISTRICT  COURT
§
§ 	OF  	COUNTY A, TEXAS

MOTION TO QUASH THE INDICTMENT

TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the Defendant,  	, in the above styled and numbered cause, by and through his Attorney of Record, under the authority of the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, Article I, Sections 10 and 19 and Article III, Section 45 of the Texas Constitution, and Chapters 1, 13, 21, and 45 of the Texas Code of Criminal Proce- dure and moves this Court to Quash the Indictment for the following reasons:

I.
The indictment is defective in that it fails to state the offense with which Defendant is charged in plain and intelligible words, as required by Articles 1.10, 21.02, 21.03, 21.04, and 21.06 of the Texas Code of Criminal Procedure.

II.
The Indictment is defective in that it fails to state the offense with which Defendant is charged with such certainty as will en- able the accused to plead any judgment that may be given upon it in bar of any prosecution for the same offenses, as required by Articles 21.04 of the Texas Code of Criminal Procedure

III.
The Indictment is defective in that it fails to charge the offense in ordinary and concise language in such manner as to enable a person of common understanding to know what is meant, and with that degree of certainty that will give the Defendant notice of the particular offense with which he is charged, when and where the acts took place, and as such would not enable the Court, on conviction, if any, to pronounce the proper judgment as required by Article 21.21, and 21.23 of the Tex. Crim. Code Proc.

IV.
The Indictment is defective in that it alleges acts that fail to confer venue in County A, Texas. Article 21.02 of the Tex. Crim. Code Proc. states that the indictment must show that the offense was committed within the Jurisdiction of the Court in which the Indictment is presented. Article 13 of the Tex. Crim. Code Proc. This requires that the acts, in this instance, must have been com- mitted in County A.

V.
Specifically, the first act of Sexual Abuse under Tex. Penal Code Ann. § 21.02 in the Indictment alleges that the Defendant committed the offense of Continuous Sexual Abuse of a Young Child by then and there engaging in sexual contact with the intent to arouse or gratify the sexual desire of the Defendant, by causing the hand of (child) to touch the Defendant’s penis.

VI.
The discovery in this offense reveals that the alleged victim stated that, “sometimes he [the Defendant] put (her) hand on his penis, like once a month.” She also said, “he only did that in County B, Texas.” There was no other instance of Sexual Abuse under the statute which was outside of the thirty days preceding the second allegation of sexual abuse which was claimed to have oc- curred in County A.

VII.
Venue for Continuous Sexual Abuse of a Young Child is not proper in County A. Therefore, the Indictment in this case in invalid as it is based upon acts which occurred outside of County A. There is not a special statute contained in Chapter 13 of the Tex. Crim. Code Proc. which confers venue under these facts.

VIII.
The act alleged in the Indictment only supports venue in County A for a charge of Indecency With a Child By Contact. Tex. Penal Code Ann. § 21.11 (a) (1) Article 13.18 Tex. Crim. Code Proc.

IX.
Article III, Section 45 of the Texas Constitution grants a Defendant the right to proper venue, as does the Article III, Section 2,

X.
Failure to adhere to the proper rules of venue are a violation of the Defendant’s due process rights under Article 104 of the Tex. Crim. Code Proc., Article 1, Section 10 of the Texas Constitution, and the Fifth, Sixth, and Fourteenth Amendment to the United States Constitution.
WHEREFORE,  PREMISES  CONSIDERED,  and as more full addressed  in the attached  Memo in Support,  it is respectfully  re- quested that the Honorable Court grant the Defendant’s Motion to Quash the Indictment in this cause, and to either grant the state the opportunity to amend said Indictment, or to dismiss the current charge against the Defendant under the pending Indictment. Respectfully submitted,

ATTORNEY FOR DEFENDANT

CERTIFICATE OF SERVICE

As Attorney of Record for Defendant, I do hereby Certify that on the            day of                                       , 2014, a true and correct copy of the above and foregoing Defendant’s Motion to Quash the Indictment was hand-delivered to the County A District Attorney’s Office,                                        .

CAUSE NO.  	

THE STATE OF TEXAS

§ 	IN THE
§

VS.

§ 	DISTRICT  COURT
§
§ 	OF  	COUNTY A, TEXAS

ORDER

BE IT REMEMBERED,  that on the                day of                                           , 201      , came to be considered  the above and foregoing Defendant’s Motion to Quash the Indictment in this cause. Consideration  of the same, it is the opinion of the Court that Defendant’s Motion be:

( 	) 	GRANTED,  and the present  Indictment  is hereby  Dismissed,  it being satisfactorily  shown  that venue  for the charged offense is not proper in County A, Texas.
( 	) 	DENIED, to which ruling the Defendant excepts.
( 	) 	SET FOR  	, 201 	.

JUDGE PRESIDING