Lapasnick v. State

*881OPINION

CADENA, Chief Justice.

This is an appeal from an order of Bexar County Court at Law No. 5 denying appellant relief in a habeas corpus proceeding in which appellant was charged with the offense of driving while intoxicated. Appellant asserts that the present prosecution is barred because a prior complaint and information, charging him with the same offense had been previously dismissed because of the State’s failure to comply with the Speedy Trial Act, TEX.C0DE CRIM. PROC.ANN. art. 32A.02 (Vernon Supp. 1988).

Appellant’s argument that the pending prosecution is barred and that he is…