If a motion to set aside an indictment, information, or complaint for failure to provide a speedy trial is sustained, the court shall discharge the defendant. A discharge under this article is a bar to any further prosecution for the offense discharged and for any other offense arising out of the same transaction, other than an offense of a higher grade that the attorney representing the state and prosecuting the offense that was discharged does not have the primary duty to prosecute.
Tex. Code Crim. Proc. art. 28.061
DISCHARGE FOR DELAY
Applied in 12 court decisions — leading case State v. Condran (1997)
Most recently applied in in Re Jerry Hartfield (August 2014)
Acts 1977, 65th Leg., p. 1972, ch. 787, Sec. 4, eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.