Baty v. State

GUITTARD, Chief Justice.

Jimmy Rogers Baty was convicted of felony theft. He appeals on the ground, among others, that the court erred in overruling his motion to dismiss the indictment under the Speedy Trial Act, Tex. Code Crim. Pro. Ann. art. 32A.02 (Vernon Supp. 1980-1981). We hold that the trial court did not abuse its discretion in finding that the State was ready within the 120-day period, even though evidence at the hearing showed that the complaining witness was out of the state when the State’s announcement of ready was filed. Appellant’s other grounds are discussed and overruled in…