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STATE v. McCOY

No. 13-01-465-CR.

94 S.W.3d 296 (2002)

The STATE of Texas, Appellant, v. Brian McCOY, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing Overruled January 30, 2003.

Attorney(s) appearing for the Case

George P. Morrill, II, District Attorney, Herbert B. Hancock, Assistant District Attorney, Beeville, for appellant.

R.D. Bellows, Three Rivers, for appellee.

Before Chief Justice VALDEZ and Justices DORSEY and RODRIGUEZ.

OPINION

Opinion by Justice DORSEY.

While incarcerated at the McConnell Unit of the Texas Department of Criminal Justice (TDCJ), Brian McCoy was indicted on three counts of assault on a public servant. After being indicted, he filed a motion to dismiss, asserting preindictment delay and violation of his right to a speedy trial. After a hearing, the trial court dismissed the case based upon preindictment delay, but denied relief based upon violation of speedy...

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