Patterson v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for driving while intoxicated. Punishment was assessed at 30 days and a $50 fine, and probation was granted.

In his only ground of error appellant contends it was error to deny his plea in bar under Art. 28.061, Y.A.C.C.P., a provision of the Speedy Trial Act. That article provides:

“If a motion to set aside an indictment, information, or complaint for failure to provide a speedy trial as required by Article 32A.02 is sustained, the court shall discharge the defendant. A discharge under this article is a bar to any further prosecution for…