753 SW2D 404 - Allen v. State

How this case has been cited

Cited by 5 later decisions — most recently April 2016

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

¶2Appellant was convicted by a jury of attempted murder. The jury assessed punishment at 10 years imprisonment. On appeal, appellant’s conviction was reversed. Allen v. State, 730 S.W.2d 831 (Tex.App.—Houston [14th] 1987). The State petitioned this Court for review of the Court of Appeals’ holding that reversal was required under Art. 32A.02, V.A.C.C.P. (hereinafter the Speedy Trial Act).

¶3In Meshell v. State, 789 S.W.2d 246 (Tex. Cr.App.1986), this Court held that the Speedy Trial Act was unconstitutional and void ab initio. Since that decision renders the Court of Appeals’ disposition of appellant’s point of error no longer valid, we will summarily grant the State’s petition and remand this case to the Court of Appeals for reconsideration of the issue in light of the Meshelldecision, and consideration of appellant’s other points of error.

¶4The judgment of the Court of Appeals is vacated and the case is remanded to that court for further proceedings consistent with this opinion.