Garay v. State

OPINION

THOMAS, Justice.

This appeal of Appellant’s four-year prison sentence for attempted burglary of a building involves art. 32.01, Tex.Code Crim. Proc.Ann. 1

The facts governing this appeal are undisputed. Appellant was arrested for attempted burglary on August 31, 1982, and remained in jail under a $10,000.00 bond during the proceedings below. Because no indictment was returned against him during the subsequent term of court, which began on September 6th and concluded on October 31st, Appellant filed an application for writ of habeas corpus and motion to dismiss on November 10th, seeking a…