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LAPASNICK v. STATE

No. 727-88.

784 S.W.2d 366 (1990)

Patrick Joseph LAPASNICK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied February 14, 1990.

Attorney(s) appearing for the Case

Marvin Miller, Richard Miller, San Antonio, for appellant.

Fred G. Rodriguez, Dist. Atty., and John Wondra, Monica Gonzales and Daniel Thornberry, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was charged with speeding and driving while intoxicated. When the State failed to try appellant for the speeding charge in the time specified in Art. 32A.02 V.A.C.C.P., the former Speedy Trial Act, the cause was dismissed, with prejudice, by the trial court pursuant to Art. 28.061 V.A.C.C.P. Appellant then moved to have his driving...

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