TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00814-CR NO. 03-05-00815-CR NO. 03-05-00816-CR

The State of Texas, Appellant

v.

James Walter Ellis, Appellee

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

MEMORANDUM OPINION

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.

__________________________________________ Bea Ann Smith, Justice Before Justices B. A. Smith, Puryear and Waldrop Affirmed Filed: April 19, 2006 Do Not Publish