¶1concurring.
¶2Given my construction of the so-called Texas Speedy Trial Act, Ordunez v. Bean, 579 S.W.2d 911 (Tex.Cr.App.1979), petitioner is not entitled to relief by writ of mandamus for the simple reason that the State *696announced ready for trial at the first opportunity presented before expiration of 120 days of commencement of this felony criminal action. Specifically, at a docket call on October 25, 1978 the State announced ready for trial. The effective date of the Act is July 1,1978, and it is on that date that time limits prescribed by Article 32A.02, V.A.C. C.P., began to run, Wade v. State, 572 S.W.2d 533 (Tex.Cr.App.1978). October 25 is less than 120 days from July 1 and from the announcement of the State that it was ready for trial, without more, the State must be considered in fact ready for trial.
¶3Accordingly, I concur in denial of relief sought.
¶4. The announcement of ready was not contemporaneously challenged by appellant so the trial court was not called on to determine whether in fact the State was ready to go to trial. See my concurring opinion in Ordunez v. Bean, supra, n. 10.