Ex Parte Barnes

OPINION

BRIGHAM, Justice.

Introduction and Background

Appellant Elton Ray Barnes was indicted, in three separate indictments, for the offenses of indecency with a child and aggravated sexual assault of a child. He filed a pretrial application for writ of habeas corpus asserting that the trial court had an obligation to discharge him under articles 32.01 and 28.061 of the code of criminal procedure because the State had not timely indicted him. The trial court conducted a hearing at which it found that the State had failed to timely indict appellant but had demonstrated good cause for its failure…