Gutierrez v. State

OPINION

ROBERTSON, Justice.

Appellant entered a plea of nolo conten-dere to aggravated robbery and the court assessed punishment at confinement for 25 years. The sole issue on appeal concerns the denial of appellant’s motion to dismiss the indictment under the Speedy Trial Act, Tex.Code Crim.Proc.Ann. art. 32A.02 (Vernon Supp.1986). We reverse.

The chronology of events as shown by stipulated facts is:

9-26-77 — robbery in question committed;

10-29-77 — Houston Police were notified that appellant had been arrested in Alpine, Texas; he confessed to the robbery in question and was in custody of San…