Allen v. State

OPINION

DIES, Chief Justice.

Appellant was convicted by a jury of burglary of a building and habitual felony offender, and the jury assessed punishment at 95 years in the Texas Department of Corrections. Appeal has been perfected to this Court.

Ground of error number one follows:

“The trial court erred in overruling appellant’s motion to dismiss based on Art. 32A.02 section 1 C.C.P. prior to trial.”

While the Speedy Trial Act has been held unconstitutional, Creel v. State, 710 S.W.2d 120 (Tex.App.—San Antonio, 1986, pet. filed), we believe this ground of error can be disposed of without a…