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ELLCEY v. STATE

No. 05-84-00170-CR.

694 S.W.2d 201 (1985)

Nathan Paul ELLCEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

June 14, 1985.

Attorney(s) appearing for the Case

S. Michael McColloch, Dallas, for appellant.

Celia V. Barr, Asst. Dist. Atty., Dallas, for appellee.

Before AKIN, SPARLING and DEVANY, JJ.

ON MOTION FOR REHEARING

AKIN, Justice.

Our former opinion is withdrawn and the following is now our opinion. The question is whether the criminal action was "commenced" within the Speedy Trial Act, TEX. CODE CRIM.PROC.ANN. art. 32A.02 § 2(a), when appellant was arrested, interrogated briefly and then released. We hold that it was not then "commenced," and thus affirm the convictions.

On April 27, 1983, Nathan Paul Ellcey was arrested for selling...

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