Garcia v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

A jury found appellant guilty of the offense of aggravated robbery with a deadly weapon. See Article 29.03(a)(2), V.A. Penal Code. The court assessed punishment at fifteen years’ imprisonment. On appeal appellant argued in a single point of error that the trial court reversibly erred in overruling his motion to set aside the indictment underlying his conviction pursuant to the provisions of the Speedy Trial Act, Article 32A.02, V.A.C.C.P. The San Antonio Court of Appeals sustained appellant’s contention and held that…