Prince v. State

OPINION ON STATE’S MOTIONS FOR REHEARING

On original submission we reviewed the decision of the Dallas Court of Appeals in Prince v. State, 638 S.W.2d 550 (Tex.App.—Dallas 1982). A majority of the Court concluded that the State had failed to exercise due diligence to obtain presence of appellant for trial pursuant to the Texas Speedy Trial Act (Act) and, accordingly, we reversed the judgments of the court of appeals and of the trial court and remanded the cause to the trial court for purposes of entering an order setting aside the indictment and discharging appellant. Prince v. State, 754…