Lopez v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for the delivery of heroin, where the jury assessed punishment at forty (40) years’ imprisonment.

The record reflects that on April 6, 1978, appellant sold to Paul Weber, an undercover police officer, 0.128 grams of nine per cent heroin for $25.00.

On appeal appellant initially alleges that the conviction should be set aside for the failure of the State to comply with the Speedy Trial Act, Article 32A.02, V.A.C.C.P. (effective July 1, 1978). Article 32A.02, § 1(1), provides:

“Section 1. A court shall grant a motion to set aside an…