Luna v. State

STATE’S MOTION FOR REHEARING

W. C. DAVIS, Judge.

Our prior opinion is withdrawn. On November 21, 1979, the judgment in this case was reversed, and the prosecution ordered dismissed for failure by the State to comply with Section 1 of Article 32A.02, Vernon’s Ann.C.C.P.

The appellant was arrested on July 25, 1978. On December 8, 1978, the appellant entered a plea of guilty to the offense of voluntary manslaughter. As we have recently held, a plea of guilty constitutes a waiver of rights afforded under the Speedy Trial Act. Ramirez v. State, 590 S.W.2d 509 (Tex.Cr.App.1979).

Accordingly, we find…