Juan Daniel Cano v. State

On Motion for Rehearing

BRIAN QUINN, Chief Justice.

Juan Daniel Cano contends, via a motion for rehearing, that we erred in concluding that he waived his complaint regarding the purported Sixth Amendment violation involving a speedy trial. Allegedly, the claim cannot be waived due to the holding in State v. Munoz, 991 S.W.2d 818 (Tex.Crim.App.1999). We liken the argument being urged as an attempt to graft *534avocados onto a pecan tree, disagree with it, and overrule the motion.

State v. Munoz dealt with whether the accused was denied his Sixth Amendment right to a speedy trial. Id. at 821. There,…