Luedke v. State

OPINION

W.C. DAVIS, Judge.

A jury found appellant guilty of the felony offense of driving while intoxicated and assessed punishment at confinement for five years.

Appellant contends that the trial court erred in failing to dismiss the indictment because he had been denied a speedy trial under the provisions of Art. 32A.02, V.A.C. C.P.

Appellant was arrested on October 17, 1979, and charged by complaint and information on October 30,1979, with the misdemeanor offense of driving while intoxicated. On January 4, 1980, appellant waived his right to speedy trial and was granted a continuance.…