Ex Parte Mallares

The opinion and judgment in this cause dated May 1,1997, are withdrawn.

By application for writ of habeas corpus, appellant sought the dismissal of a prosecution for possession of controlled substances on the ground that he had not been timely indicted. Tex.Code Crim. Proc. Ann. art. 32.01 (West 1989). The writ issued and, after a hearing, relief was denied.

1. Background.

Article 32.01 provides:

When a defendant has been detained in custody or held to bail for his appearance to answer any criminal accusation before the district court, the prosecution, unless otherwise ordered by the court, for…