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EX PARTE BARNES

Nos. 2-96-321-CR, 2-96-322 CR, 2-96-323CR.

959 S.W.2d 313 (1997)

Ex Parte Elton Ray BARNES.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled January 29, 1998.

Attorney(s) appearing for the Case

Robinson, Smart and Gary D. Smart, Tarrant County, for Appellant.

Tim Curry, Criminal District Attorney, Charles Mallin, and Christy Jack, Assistant District Attorneys, Tarrant County, for Appellee.

OPINION

BRIGHAM, Justice.

Introduction and Background

Appellant Elton Ray Barnes was indicted, in three separate indictments, for the offenses of indecency with a child and aggravated sexual assault of a child. He filed a pretrial application for writ of habeas corpus asserting that the trial court had an obligation to discharge him under articles 32.01 and 28.061 of the code of criminal procedure because the State had not timely indicted

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