Luna v. State

Court of Criminal Appeals of Texas

Decided June 18, 1980

Court of Criminal Appeals of Texas · decided 1980-06-18

Cited by 12 later decisions — most recently October 1985

12 state decisions

Key passage — most relied on by later courts

“The failure of a defendant to move for discharge under the provisions of this article prior to trial or the entry of a plea of guilty constitutes a waiver of the rights accorded by this article.”

quoted by 1 later decision, including Sanders v. State

Relies on Ramirez v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1980-06-18

View the full empirical analysis of this case →

¶1STATE’S MOTION FOR REHEARING

W. C. DAVIS, Judge.

¶2Our prior opinion is withdrawn. On November 21, 1979, the judgment in this case was reversed, and the prosecution ordered dismissed for failure by the State to comply with Section 1 of Article 32A.02, Vernon’s Ann.C.C.P.

¶3The appellant was arrested on July 25, 1978. On December 8, 1978, the appellant entered a plea of guilty to the offense of voluntary manslaughter. As we have recently held, a plea of guilty constitutes a waiver of rights afforded under the Speedy Trial Act. Ramirez v. State, 590 S.W.2d 509 (Tex.Cr.App.1979).

¶4Accordingly, we find that the appellant waived his rights under the Speedy Trial Act.

¶5The State’s Motion for Rehearing is granted. The judgment is affirmed.