State v. Best

OPINION

FONES, Justice.

We granted the State’s TRAP 10 application for permission to appeal in this criminal case. Two issues are presented: (1) does the Court of Criminal Appeals have the authority to promulgate a ten day time limitation for filing a TRAP 10 application, no time limitation having been provided in the rule; and (2) is a defendant who was arrested without an arrest warrant, fingerprinted and photographed, then released unconditionally, entitled to a preliminary hearing before or after the return of a presentment by the grand jury.

The facts are not in dispute. On August 24, 1979,…