Jordan v. State

OPINION

ROBERTS, Judge.

The appellant was charged by indictment with the offense of theft, a Class A misdemeanor. He waived his right to trial by jury and pleaded not guilty. The court found him guilty and assessed the maximum punishment (1 year in jail and a $2,000 fine). The appellant claims that the court erred in denying his pre-trial motion to set aside the indictment. 1

Section 1 of V.A.C.C.P. Article 32A.02 requires that, “A court shall grant a motion to set aside an indictment, information, or complaint if the state is not ready for trial within ... 90 days of the commencement of a…