Kalish v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

The Texas Speedy Trial Act, Acts 1977, 65th Leg., ch. 787, p. 1970 (the Act) inserted in Chapter 28 of our code of criminal procedure a new Article 28.061 to provide what consequences follow sustaining a motion to set aside a charging instrument for failure of the State to be ready for trial within applicable time limitations.1 The problem presented in this cause is created by the legislative mandate that a discharge of an accused from one offense is a bar “to any further prosecution ... for any other of*597fense arising out…