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TAYLOR v. STATE

No. 127-85.

745 S.W.2d 321 (1987)

Paul Anthony TAYLOR, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

On Rehearing February 24, 1988.

Attorney(s) appearing for the Case

Kenneth S. Harter, Dallas, for appellant.

Henry Wade and John Vance, Dist. Attys., and R.K. Weaver, N.R. Stevenson, Jane Jackson and Donald G. Davis, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Article 32A.02, § 3 provides that an accused waives rights under the Texas Speedy Trial Act (Act) by failing "to move for discharge under the provisions of this article prior to trial ..." In an opinion delivered soon after the Act became effective and followed consistently since (see Shepard's Texas Citations), the Court found the provision in § 3 means that "the first move...

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