Ex parte Maddux

OPINION ON STATE’S MOTION FOR REHEARING

The State asserts three points in its motion for rehearing: 1) that an entire indictment, rather than a single offense, must be dismissed before article 28.061 becomes operative; 2) that article 28.061 should not be applied to bar prosecution of a greater offense (murder) when the lesser included offense (injury to a child) has been dismissed on speedy trial grounds, because the trial court’s dismissal of the latter offense was erroneous; and 3) that the unconstitutionality of the Speedy Trial Act was not, and should be, addressed by this Court.

The State…