Ellcey v. State

ON MOTION FOR REHEARING

AKIN, Justice.

Our former opinion is withdrawn and the following is now our opinion. The question is whether the criminal action was “commenced” within the Speedy Trial Act, TEX. CODE CRIM.PROC.ANN. art. 32A.02 § 2(a), when appellant was arrested, interrogated briefly and then released. We hold that it was not then “commenced,” and thus affirm the convictions.

On April 27, 1983, Nathan Paul Ellcey was arrested for selling narcotics. Although he was held for approximately two hours, he was not required to “make bond” before being released. Appellant was arrested again for…