Beddoe v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

A jury convicted appellant of burglary of a habitation with intent to commit theft. V.T.C.A., Penal Code, § 30.02. The jury also assessed punishment at ten years in the Texas Department of Corrections. On appeal appellant alleged in a single point of error that the trial court erred in overruling his motion to dismiss the indictment on the ground that he was denied his right to a speedy trial. The Houston (14th) Court of Appeals concluded that the State failed to discharge its burden of proving the use of due diligence…