S. D. v. State

I respectfully dissent.

I agree with the state’s position that the waiver constituted a continuance granted in order that appellant might participate in a community control program and, therefore, as the delay was attributable to appellant, he waived his right to a speedy trial.

The majority is correct in stating that the form signed by appellant is not a model of clarity. As they pointed out, the form is entitled “Waiver of Speedy Trial” and the body of it contains the phrase, “for the period that I am officially enrolled in the program.” However, there is another part to the form which was…