Article 12.02 Misdemeanors. Texas Code of Criminal Procedure

Texas Code of Criminal Procedure Article 12.02 Misdemeanors

An indictment or information for any misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.

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gary shannon - October 27, 2007 9:04 PM

am I understanding after 2 years of not being convicted of a misdimeaner charge you can not be convicted after 2 years?

Mike - October 31, 2007 5:30 AM

My questions are there: If there is a dwi court date where there is a failure to appear due to living in the state of arizona, what happens? A warrant will be issued but does that affect drivers license, passport etc and is there a statute of limitations that will effect it? Thanks

kristina powell - November 7, 2007 3:33 PM

I had a cling to a vehicle ticket. I was on galveston beach and it was back in may of 2000.I was sitting in the passenger window of my car!now this week Nov 1 2007 i receive a failure to appear and the cling to vehicle in the mail.Can I protest this due to time.

jose - November 17, 2007 10:46 AM

if in 2 years of not being convicted of a misdimeaner charge you can not be convicted after 2 years?

Cat - November 23, 2007 12:19 PM

I had a bad check about 11 yrs ago that went to warrant. Was never taken care of. Does a warrant expire on such things as this or what? Would the warrant still be there? Or still be active?

Susan - January 9, 2008 11:05 AM

So am I correct in believing that if misdeamnor B offense occurred on Oct. 21, 2004, that after Oct. 21, 2006, it can no longer be prosecuted?

Jason - January 18, 2008 4:11 PM

if you have not been called to court or convicted after 2 years can you still be called to court or be tried. and if it involved a gun can you go pick it up after two years of being arrested. the two years are from what date? is it the date you get arrested?

Charles - January 30, 2008 10:52 AM

In 1995 or 1996 I gave a check for $6.00 and it was returned they charged me a fee of $20.00 making the entire amount due $26.00. I just never took care of it and after all these years I had forgot about it. On April 2 2006 I was arrested on the check but they had changed the charge from a hot check to theft from a building for $26.00 and some change. I was able to bond out one a cash bond of $3000.00 I paid the bail bondsman $370.00. Hired a laywer who sent me a paper to sign where I pled not guilty. It will be 2 years on April the 2nd of this year 2008 since I spent a night in jail and I know no more now than I did then what do I do now? I have contacted my lawyers secretary and they have no info on the case.

Karen Melgar - February 8, 2008 8:18 AM

my husband was arrested on January 13 because of outstanding warrants, one of them for a dwi from October of 2004 and the other from a dwi in February 2006. Can he still be sentenced on the one from 2004?

Michael - February 8, 2008 11:56 AM

If I was arrested for reckless driving in Feb of 2006 am I correct in assuming that the D.A.'s office only has until Feb of 2008 to indict or issue a notice to appear?
Thank you

Sheila - March 28, 2008 3:52 PM

My son was charged with DWI & possession of dangerous drugs in 2000 and shortly after went to TDCJ for a separate charge. He has not been brought before the court but has a detainer against him from the county where the offense took place. Is there a time frame within which these charges must be taken dealt with? We had an attorney file to have my son bench warranted but the county refused. Just wonder if there is anything we can do to get this resolved? Thanks so much for your time.

Nick - April 3, 2008 10:38 AM

I was arrested in 2001 at the age of 20 for trying to enter a nightclub with someones ID. I never heard anything about it untill I applied for a job this year and I was told that a warrant was issues in 2006. If I understand this correctly then I shouldn't be able to be charged with the offense if it has been around 7 years correct?

Charles - June 15, 2008 12:58 PM

I had a p.i. in 2005 in Dallas, Texas. I went to jail in 2006 for warrants, on different tickets, in Grand Praire and sat them out. Dallas never came and got me and I was released. Now I receive a letter from an attorney saying I owe a fine from that p.i. in 2005. Would I still have a warrent out after three years and it being turned over to collections?

EDDIE - July 29, 2008 11:45 PM

Back in april 2006 i was arrested for a DWI . i took a breathalizer. i hired a lawyer for my case which we are fighting why they stoped me for. they said i didnt not put a signal light for a right hand turn. but what i dont get is that i was in a right hand turning lane.its already been 2 years and 4 months. since the 2 years and 4 months we postponed our court 2 times in the first year and a half. i finaly went to court in october of last year . the judge said he would make a decesion in 1 to 2 weeks and never heard from the judge again . my lawyer recently sent me a letter saying we will go to court on augest 13th ,i heard after 2 years without being convicted it will be dropped is that true and does this fit my sitution

Dan - August 11, 2008 9:41 AM

I was arrested for dui over two years ago. I chose to not appear at my court date. Is it true that you cant be convicted of a misdemeanor offense after two years of the commision?

Nathan - August 22, 2008 12:00 PM

I received a notice from an attorney stating that I owed a texas county for a speeding ticket 13 years ago. I ignored the attorney who was from a diffrent texas county and a month later got another letter from this attorney stating a warrant for my arrest was going to be issued. Is this possible? I obvioulsy do not recall an upaid ticket from 13 years ago.

DAVIDSITO - November 3, 2008 12:38 PM

I just receved a letter stating that my county in TX has asked a law firm to coolect on 2 citations, these citations were back 12 YEARS ago!! isnt there a statue of limitations on how log the state can prosecute you in a timely manner?

eddie - December 9, 2008 9:35 PM

IF I WAS CHARGED WITH A MISDAMEANOR AND NEVER CONVICTED ON A MARIJ CHARGE IN 03-06-06 AND MY QUESTION IS, SHOULD I HAVE AN ACTIVE WARRENT


EDDIE - December 9, 2008 9:47 PM

I WAS ARRESTED IN MARCH OF 2006 ON A MARIJ CHARGE IN TEXAS, BUT NEVER CONVICTED.I MOVED AWAY SHORTLY AFTER AND NEVER FOLLOWED UP ON IT. SHOULD I HAVE AN ACTIVE WARRANT IN THAT COUNTY?

aintjudge - December 10, 2008 3:08 PM

I got a speeding ticket in 1997 and just received a notice it wasn't paid in full is there still a warrent like the law firm letter says, or are they trolling for cash?

rocky - January 2, 2009 12:59 PM

if one was arrested for posession of marijuana in Vernon, Texas in 1994, was released on bail, and never appeared in court, will there be any reprocussions now if said person was to be stopped by police in Texas now?

chen - January 15, 2009 9:39 AM

I was arrested for dui in texas in 2007. I do not reside in Texas and missed the court date for may case. I am pretty sure that I am in contmept by now. Does the Statute of Limitains apply to my case. Will it effect travel requiring a passport? Can I handle this issue now without jail time?

ashleigh - March 1, 2009 11:33 PM

bald tires and the wrong license plate and it wasnt wasn'teven my car. Can i Ibe prosecuted and if so why havent haven'ti Igot picked up when pulled over and my name was clean for warrantsI got a ticket in 2006 that I was notified yesterday feb. 2009 that has went to warrent. I never got a copy of the ticket do to the fact the cops arrested me that same night. It is for

Shalena - March 4, 2009 8:26 AM

I got arrested april 3rd of 2004 for a small amount of marijuana ticket in aransas county i was only visiting so i never went to court i still have a warrant down there and am wondering is there is a limitation how long the warrant can stay active its already been almost 5 years please let me know.

thomas - March 4, 2009 10:24 PM

if i had all my dwis dropped down to misdemeanors about 8yrs ago they cant be used against me if i get another dwi????

Bill - March 20, 2009 2:44 PM

Iwas arrested in 1994 and relesed on my signature. I called to get court date and was told charges had been dropped I need not appear. I have since moved to another state. I tried to buy a deer hunting rifle and my nix check got kicked. An ATF agent called me and said I had an active warrant for failure to appear. It has been almost 15 years. Can they still have an active warrant and if so being I am in another state how do I take care of it without going all the way there?

donna - March 31, 2009 3:36 PM

my son wrote a 2 checks on 8-2006 at the same store that bounced we went into that store on 10-2006 and paid clerk for checks she called owner and he said to waive the fees she gave us a store receipt wrote check info on it and initialed it and owner said he would mail us the checks it has been almost 3 years and we still don't have checks and they are threatening to turn checks in if we don't pay them for fees can they legally do this and is there a statue of limitations on this i have keep documentation on every conversation with them and still have receipt

ken meeks - April 17, 2009 2:11 PM

it has recently come to my attention that I had two checks that were written on my account in 2000.I had no knowledge of this.I have been to court on two different ocassions and the matter was never brought up( no warrants ect).Recently I recieved a notice stating that there was a warrant.but I checked the public record and it shows no warrant.this shows up 9 yrs later.Is there a statute on this.also I dont believe I wrote the checks.do I let it go oris just this some entinty trying to collect on a past debt.

ken meeks - April 17, 2009 2:14 PM

it has recently come to my attention that I had two checks that were written on my account in 2000.I had no knowledge of this.I have been to court on two different ocassions and the matter was never brought up( no warrants ect).Recently I recieved a notice stating that there was a warrant.but I checked the public record and it shows no warrant.this shows up 9 yrs later.Is there a statute on this.also I dont believe I wrote the checks.do I let it go oris just this some entinty trying to collect on a past debt.

Roger - April 28, 2009 4:40 PM

I recently was stopped by an undercover sherrifs deputy in Dallas at an adult movie theater. He questioned me and took all of my information. Then about three months later I received a letter in the mail informing me that a warrant had been issued for my arrest for a class b misdemeanor of Indecent Exposure and that I had to appear at the bond desk and post a cash bond. I had moved out of state prior to receiving the letter. What will happen if I just do not return to Texas for two years? Will the statute run out?

Carla - May 20, 2009 6:54 AM

I was just stopped for a safety belt ticket and was arrested for a return check for 10.00 dollars. It was 1 1/2 years ago when we moved and I guess it did not clear and since I moved I never got a notice. It there a statue of limitations on a return check.

Wanda Farmer - July 25, 2009 4:07 PM

In 2000 my daughter was arrested for truancy, because she was late for school three times in a six weeks. In TX that's an automatic absent. The Judge wanted $500.00 each from my daughter and me. I told her we would do community service to pay off our fine because we had no money.I did two weeks community service, My daughter did some, but didn't finish. In June 2009, The Judge told her she still owed that fine. She told them the statue of limitations had already passed on that case. They said no because they already did the paper work on it. Is this true? And if not what can we do about it?
Thank You for your time
Wanda

Les - August 14, 2009 3:57 PM

The statute of limitations applies to the amount of time the state has to charge you with the offense. Once the charges are entered (court date, warrant...etc) there is NO time limit. I have often arrested people with old traffic tickets from the 80's in this decade.

Les

Chris - August 22, 2009 6:41 PM

Hi, My Wife Has Truancy Tickets Back From 03-04.She Was A Minor Then. She Has Been Arrested Since Then,Other Traffic Violations, And We Have Changed The Address On Her Drivers License Since Then, And They Are Just Now Coming To Light. Her License Has Been Suspended Now. What Can Be Done About These Tickets If AnyThing.

Thanks,
Chris

Adam - September 23, 2009 2:20 PM

I got a payday loan from the internet back in 2007 and when they tried to retrieve the funds the account was in red and eventually was closed. Now I got a call from a supposed lawyer saying that if I don't pay it back now they are going to sue me for check fraud. Can this be so?

Casey Click - October 5, 2009 12:01 PM

I was on probation and had it revoked. They wanted me to surrender myself for 6 months and i never showed. Does statue of limitations apply?

CJ - November 8, 2009 7:48 AM

I was on Misdemeanor DWI probation and had it revoked 5 years ago.All fines were paid in full. Does statue of limitations apply?

mark - November 8, 2009 8:07 PM

in 2001 I was stopped for speeding in TX. At the time my TX drivers licesne was suspended. to avoid getting arrested I told them I was my brother and gave them his information. I was given a ticket for speeding and driving with no license. My brother has a warrant for his arrest for the ticket. I called him Friday 11/06/2009 and told him that I am sending the payment in full Monday 11/09/2009 and to be careful. He and I do not get along very well and did not expect him react the way he has.. he is threating me that he is going to press charges for using posing as him.. Please Advise!!

mark - November 8, 2009 8:07 PM

in 2001 I was stopped for speeding in TX. At the time my TX drivers licesne was suspended. to avoid getting arrested I told them I was my brother and gave them his information. I was given a ticket for speeding and driving with no license. My brother has a warrant for his arrest for the ticket. I called him Friday 11/06/2009 and told him that I am sending the payment in full Monday 11/09/2009 and to be careful. He and I do not get along very well and did not expect him react the way he has.. he is threating me that he is going to press charges for using posing as him.. Please Advise!!

mark - November 8, 2009 8:08 PM

in 2001 I was stopped for speeding in TX. At the time my TX drivers licesne was suspended. to avoid getting arrested I told them I was my brother and gave them his information. I was given a ticket for speeding and driving with no license. My brother has a warrant for his arrest for the ticket. I called him Friday 11/06/2009 and told him that I am sending the payment in full Monday 11/09/2009 and to be careful. He and I do not get along very well and did not expect him react the way he has.. he is threating me that he is going to press charges for using posing as him.. Please Advise!!

Leticia - December 8, 2009 12:26 PM

I'm 33yrs old. I have a 19yr old daughter. I is too late for me to file rape against the person that got me pregnant with the 19yr child?

Debbie - January 21, 2010 6:37 PM

Leticia. Most likely yes. The statute of limitations for rape in TX is only two years. Of course the more time goes by the less likely you are to have proof. Generally if you don't have documented proof within the day or two after it happens you have no case.
Sucks I know.

WINDY - February 7, 2010 1:06 PM

my husband got caught shoplifting a sears they enhaced his charges because of his crimnal history to a class c felonie.,but he does not have the pririr convitions of theft in harris county nor any where else.my question is can they do this?

Casimirothe3rd - March 3, 2010 12:13 AM

I was recently issued a warrant for my arrest for possesion of marijana (class B). Did not get arrested when caught back in 8-14-08, was released by police. Later found out a warrant has been issued for my arrest in 1-28-10. Does statue of limitations apply?

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lawman6761 - May 20, 2010 11:15 AM

The charges must be filed prior to the statute of limitations running out. If the charges were filed before the statute of limitations runs out, you're sunk.

JC - July 11, 2010 12:42 PM

I had a misdemeanor from over 12 years ago in the State of Texas. I turned myself in and went to court over this matter and had it resolved. Before I left the courtroom my Attorney asked it there were any other existing warrants. The court said no and I was released. 2 weeks later I received a notice from Texas that there was a hold on my license due to some other checks in another county. I never had a problem getting another license in another state until now. Does Texas have a right to do this after 12 years? I thought there was a filing deadline according to criminal procedures and proceedings. The letter said I had an F.T.A but never received notice. Thank You for your help in advance.

Deborah Gibson-Westbrook - July 22, 2010 6:46 PM

I was arrested August/2005; by Tarrant County Police[5-Cars]; on a 'he said',
'she said', I heard 'she said' charge filed in Dallas County. 4th of JULY week-end/2008; I was arrested by Dallas County Sheriff's[4-Cars]; for the 2nd time, on the same warrant I was arrested on August/2005. I have been passed over to 5 different Public Defenders. 4-Years passed before a Public Defender went before a Judge to plea [make the announcement]. It is now 2010 and the Attorney I have now just filed a motion to remove himself as council becuase I refuse to sign a statement saying I won't SUE the person who used this system to have me arrested in the first place. When is a statue in effect on a 5 year old case that have NOT gone to Trial?

Deborah Gibson-Westbrook - July 22, 2010 6:48 PM

I was arrested August/2005; by Tarrant County Police[5-Cars]; on a 'he said',
'she said', I heard 'she said' charge filed in Dallas County. 4th of JULY week-end/2008; I was arrested by Dallas County Sheriff's[4-Cars]; for the 2nd time, on the same warrant I was arrested on August/2005. I have been passed over to 5 different Public Defenders. 4-Years passed before a Public Defender went before a Judge to plea [make the announcement]. It is now 2010 and the Attorney I have now just filed a motion to remove himself as council becuase I refuse to sign a statement saying I won't SUE the person who used this system to have me arrested in the first place. When is a statue in effect on a 5 year old case that have NOT gone to Trial?

Deborah Gibson-Westbrook - July 22, 2010 6:52 PM

I was arrested August/2005; by Tarrant County Police[5-Cars]; on a 'he said',
'she said', I heard 'she said' charge filed in Dallas County. 4th of JULY week-end/2008; I was arrested by Dallas County Sheriff's[4-Cars]; for the 2nd time, on the same warrant I was arrested on August/2005. I have been passed over to 5 different Public Defenders. 4-Years passed before a Public Defender went before a Judge to plea [make the announcement]. It is now 2010 and the Attorney I have now just filed a motion to remove himself as council becuase I refuse to sign a statement saying I won't SUE the person who used this system to have me arrested in the first place. What is the statue on a 5 year old case that have NOT gone to Trial?

Jim Davis - August 7, 2010 12:41 PM

I received a citation in Stephenville, Texas (Erath County) in 2003 for a "dog running at large". I did not own a dog, nor did I live at the residence where the dog was said to reside. My sister, however, did. Today the ticket is outstanding and I find that a warrant for my arrest has been issued. Do I have any rights to contest this matter, and if so, how do I go about it?
The citation was left on the door of the residence, not presented in person, and no one signed. The Animal Control Officer who issued the citation is deceased. I am being denied the renewal of my driver's license due to this outstanding ticket. Does a statute of limitations exist on such a matter?

p.c - October 26, 2010 9:08 AM

my husband was pulled over for a dwi on11-23-08,but he hasnt heard anything about when he will go to trial.he has no i.d but he doesnt want to go get one cause they inhanced dwi and it is an open warrent that was issued but never servedon3-09.is there a statute of limitation for this ,if so how long

Kelly Coleson - November 10, 2010 3:27 AM

a few years ago i went to court, received community service for an expired inspection ticket, only didn't complete it. how can i find out if there is any record out there? if at all?
kc

Jason - December 8, 2010 8:04 PM

I received a notice in the mail from Galveston County for ticket for an expired inspection sticker from 07/04. How long is the statue of limitation for that?

Dee Anna - December 14, 2010 9:43 AM

I got a speeding ticket recently in Garland, TX. When I went to take care of it yesterday I was informed I had a warrant for an expired inspection ticket from 1998. Funny thing is, I've had tickets in Garland in the past 12 years, been pulled over a few times, been to the P.D. to take care of tickets, renewed my license 4 times since then, and this has never been mentioned. I believe I paid the ticket, because I always take care of my tickets, but have no proof because I keep nothing for 12 years. If the system failed to see it for 12 years, I would think the system also failed to update accordingly with my payment. Anyhow, I asked to speak to someone and a Marshall came out. I was given the option to pay it or be cuffed standing there at the clerk's window with my children. She wouldn't let me set a court date, call my attorney, nothing. Is this right?

Darren - April 4, 2011 2:34 AM

I was just sent a card from a constables office in Texas saying I could be arrested at work or home ect. I called the number and found out it was for a couple of bad checks from about 20yrs before. I have never received anything on these in the past. The clerk I talked to said that they had just recently done a computer search to locate a current address. I haven't lived in Texas for 15yrs. What kind of statutes of limitations are on this kind thing?

Jesus - April 13, 2011 1:54 PM

Ok., break it down for me? In the second quarter 1997 ( not sure which month - May or June) I had a DWI in San Benito(Cammeron County), Texas an was arrested for about 4 days,I returned to Houston (Harris County) Texas and court date was set January 1998, but I felled to appear ( became disabled in that time frame)and could not make it. I have since discovered that a warrant was issue for the DWI on Feb.15, 2010. I would like to resolve the matter and was wondering what i could be charged with, it is a 13 year old case.

Will I be charged With DWI or just Failure to appear?

Mr. Jeffrey - May 20, 2011 12:41 AM

Hello,
I Recieved a notice from a legal firm in San Antonio informing me that they the firm had been hired to collect $677.00 for the J.P. in Kaufmann County Texas for two tickets.
I called the firm to inquire where and what are these offenses.
Was informed no insurance and failure to appear. The alleged offense (s) occurred in 2006.
I don't remember if I paid the ticket or not.
Evidentilly not I remember getting the citation just don't remember if I paid the thing.
Why is it now 5 years later I'm getting this notice and is this legitimate ?

The notice states:

Failure to respond as requested will result in our recommending to our client that it enforce the collection of this obligation. PLEASE BE ADVISED THAT IF AN ARREST WARRANT HAS BEEN ISSUED IN YOUR CASE, YOU MAY BE A RRESTED AT ANY TIME BY ANY PEACE OFFICER.
If there was a warrant would it have not been issued in '06 for the failure to appear ?
I can think of two times have been stopped by State Troopers in Texas for routine roadside DOT inspections within the last two years, where it is routine the officers run a check on your license, they have made no mention of this citation or that there is a warrant for my arrest in Texas...
In fact there were never any notices mailed to my home about a failure to appear.
Seems a little late to be coming after me now if in fact I did not pay the ticket...I pay my tickets my drivers license is my bread and butter.
What course of action am I obligated to take ?
I don't need or want any trouble nor do I need some infraction showing up on my driving record especially now after so much time has passed.

Thanks best regards,
Mr. Jeffrey

Stephen watts - May 28, 2011 9:54 AM

I was arrested september 30, 2006 for a dwi and refused to blow. I posted bond and was free. Today (may 28, 2011) I got a letter saying I have to go to trial, this would be my first dwi, and nobody was injured, so it would be a misdemeanor. It says 2 years and no more. What do I do?

wes - August 26, 2011 10:30 AM

2/10 i was arrested for shoplifting (class b misd.) i posted bail and pled not guilty. I made the mistake of not going to court and have been under the radar ever since. What can happen to me now or is there a time limit. Some tell me if ive been gone for 2 or more years than I have nothing to worry bout .Is this bull ?

Touchdown - January 13, 2012 1:14 AM

10 years ago I got arrested In Dallas for pot, got charged with a class C misdemeanor, was put on probation and was to pay fines. I did not fulfill any of this, instead I left the state.
Can I still be arrested for this in the state of Texas?

Robert Bush - April 25, 2012 8:38 AM

I was convicted of agravated DWI in Tarrant County TX in August 2010. Agravated because of the BAC. I left Texas without serving my probation or any of my community service. I now live in New York State. How long will i have to wait to get a drivers licence here? For a regular DWI the statute of limitations is 2 years, but what is it for Agravated DWI?

Ken Dotson - November 29, 2012 12:29 AM

In 2004 I moved away from Austin. For the past 5 years, I've lived in California; first in Fresno and for the past three years in San Francisco. Yesterday, I got a notice in the mail from the Travis County Attorney that I have a warrant for Theft by Check that was issues in 2004. I haven't heard anything about it for almost 9 years and all of a sudden, out of the blue, I get a threatening letter. What can I do about this. I have no intention of going to Austin.

Degie - January 6, 2013 7:24 PM

My license was suspended in 2001 due to an accident in which I had no ins.Now some 10 yrs later I make restitution thru MSB to pay surcharges of over $1,000.Now I find that I have city tickets from 2006 of over $2,000 that are in warrant stage.Would like to resolve this issue but would like to know if they would lock me up if I walk into the City of Dallas to see what I need to do?

Arron Kirkwood - June 25, 2013 1:39 PM

Am I to understand that if there are misdeanor warrants filed on me and I am not arrested and or convicted of these charges before the expiration of to years of the date of commission of said crime and or date of filing that I cannot be arrested and or convicted of these charges?

Joanne - August 30, 2014 10:11 AM

Help!! Just charged with poss. Of dangerous drug in Aransas County.. had 12 pain killers in wallet and pant pocket. What should I do?? I have never been in any trouble and am 65 yrs. old next month. My biggest crime was speeding !!! I am devasted!!! Can't
afford lawyer only get $600 a month. What should do?

N.G. - September 1, 2014 1:08 AM

Five years ago I was I was going through a very hard time in my life. April 16, 2009 I received a DWI. I waited, and waited and waited to be called to court. Life got even harder. Still, I never heard from the courts. At the end of last year I finally received a phone call with a court date. I have since been three times with nothing coming of it. I go back on Wednesday. I have had my background check ran multiple times, and nothing has shown up on my record. It is clear to me that someone made a mistake. Lost my paperwork, or whatever. My lawyer said they may try to bring it down to an obstruction of highway, but he is hoping for a dismissal. I have changed my life completely. I am the poster child for sobriety for three and half years now. I cant believe there is still a chance of being charged with this, after FIVE very long years. Has the statute of limitations ran up? Or is there some kind of loophole I am being duped with?

N.G. - September 1, 2014 1:11 AM

Are these questions actually answered by someone??

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