State v. Roberts

RAMEY, Chief Justice.

This is an appeal by the State of Texas (“the State”), from a trial court’s dismissal with prejudice of an indictment against Kendrick Jerome Roberts (“Roberts”), for the crime of attempted murder. The State attacks the dismissal in a single point of error. We will reverse and remand the decision of the trial court.

Roberts was indicted for attempted murder after a shooting which occurred on February 28, 1994. At a docket call on January 17, 1995, almost one year after Roberts was jailed, a trial judge denied the State’s motion for a continuance and set the case for trial.…