Garcia v. State

PAUL PRESSLER, Justice.

Appellant was tried before a jury which found him guilty of aggravated assault and assessed punishment at five years. Appellant urges as his sole ground of error that the trial court erred in not dismissing the indictment pursuant to the provisions of article 32A.02 Tex.Code Crim.Pro.Ann. (Vernon Supp. 1980-81).

On April 28, 1979, appellant was involved in a stabbing incident with a fellow inmate at the Darrington Unit of the Texas Department of Corrections. On that day appellant was placed in solitary confinement and an investigation of the incident was begun. Appellant…