Chacon v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

The offense is driving while intoxicated, a misdemeanor. On stipulated evidence the trial court found appellant guilty, and then assessed punishment at a fine of $200 and confinement for 120 days, both probated for a period of two years. Sufficiency of that evidence is not challenged.

The issue we opted to review arises out of denial of a pretrial plea in bar and motion to dismiss based on the proposition that because under the Texas Speedy Trial Act (Act), and on motion by the prosecutor, a justice court had dismissed a complaint for…