Ex Parte Powell

The opinion of the Court excludes 97 days from November 28, 1978, date of arrest, to March 5, 1979, date last federal trial was completed, during which “Nacog-doches County authorities placed a detainer on appellant in November and continued to attempt to gain custody through numerous telephone calls to assorted federal officials.”

In my judgment Article 32A.02, § 4(1), V.A.C.C.P. (Act) does not contemplate “a reasonable period of delay” for “proceedings” in other jurisdictions for the simple reason that such contingency is covered by the “unavailability” and “detention” provisions of § 4(5)…