Stokes v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for felony theft. Punishment was assessed at ten years and a fine of $444.11.

In one of his grounds of error appellant complains of denial of his motion to dismiss for failure to provide a speedy trial under Art. 32A.02, V.A.C.C.P. Under the provisions of that statute a felony should be brought to trial within 120 days of commencement of the criminal action. In this case the criminal action commenced on December 13, 1979, when the indictment was filed. Trial commenced in September of 1980, long after expiration of the 120 days. Before…