State v. Condran

977 S.W.2d 144, 1998 Tex. Crim. App. LEXIS 130, 1998 WL 693105

Opinions

OPINION ON APPELLEE’S PETITIONS FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellee filed an application for writ of habeas corpus contending he was entitled to discharge because he was indicted outside the “next term of court” as set out in Art. 32.01, V.A.C.C.P. After a hearing, the trial judge ordered the indictment dismissed with prejudice. The State appealed and the court of appeals reversed the trial court’s order dismissing the indictment against appellee and remanded the causes for trial. State v. Condran, 951 S.W.2d 178 (Tex.App.—Dallas 1997). We granted review to determine the correctness of that decision.

However, after carefully considering the questions for review and briefs before us, we find that our decision to grant appellee’s petitions for discretionary review was improvident. Accordingly, the petitions for discretionary review are dismissed.

HOLLAND, J., not participating.