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Luna v. State

602 S.W.2d 267, 1980 Tex. Crim. App. LEXIS 1268
Court of Criminal Appeals of Texas·Decided June 18, 1980·No. 61862·Published·Cited by 21 cases

Opinions

STATE’S MOTION FOR REHEARING

W. C. DAVIS, Judge.

Our prior opinion is withdrawn. On November 21, 1979, the judgment in this case was reversed, and the prosecution ordered dismissed for failure by the State to comply with Section 1 of Article 32A.02, Vernon’s Ann.C.C.P.

The appellant was arrested on July 25, 1978. On December 8, 1978, the appellant entered a plea of guilty to the offense of voluntary manslaughter. As we have recently held, a plea of guilty constitutes a waiver of rights afforded under the Speedy Trial Act. Ramirez v. State, 590 S.W.2d 509 (Tex.Cr.App.1979).

Accordingly, we find that the appellant waived his rights under the Speedy Trial Act.

The State’s Motion for Rehearing is granted. The judgment is affirmed.

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Luna v. State, 602 S.W.2d 267, 1980 Tex. Crim. App. LEXIS 1268 (Tex. 1980).

602 S.W.2d 267 (Luna v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Luna v. State
602 S.W.2d 267 (Court of Criminal Appeals of Texas, 1980)