Orn v. State

753 S.W.2d 394, 1988 Tex. Crim. App. LEXIS 106, 1988 WL 51451

Opinions

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

DUNCAN, Judge.

Appellant was convicted by the court for driving while intoxicated, second offense. Punishment was assessed at 180 days confinement and $500.00 fine. On appeal to the Austin Court of Appeals, appellant’s conviction was reversed. Orn v. State, 727 S.W.2d 764 (Tex.App.—Austin 1987). The State petitioned this Court for review of the court of appeals’ holding that Art. 32A.02, V.A.C.C.P. (hereinafter the Speedy Trial Act), was constitutional.

In Meshell v. State, 739 S.W.2d 246 (Tex. Cr.App.1986), this Court held that the Speedy Trial Act was unconstitutional and void ab initio. Since the State raised the issue of the constitutionality of the Speedy Trial Act on appeal, we will summarily grant the State’s petition and remand this case to the court of appeals for reconsideration of the issue in light of the Meshell decision.

The judgment of the court of appeals is vacated and the case is remanded to that court for further proceedings consistent with this opinion.