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KELLY v. STATE

No. 13-02-578-CR.

122 S.W.3d 227 (2003)

Carlos KELLY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Opinion Overruling Rehearing and Supplementing Record November 25, 2003.

Attorney(s) appearing for the Case

Randy Mack, Corpus Christi, for appellant.

Michael A. Sheppard, Dist. Atty., Robert C. Lassmann, Asst. Dist. Atty., Cuero, Terry Joseph Breen, Asst. Dist. Atty., Refugio, for state.

Before Justices RODRIGUEZ, CASTILLO, and WITTIG.

OPINION

Opinion by Justice CASTILLO.

Appellant Carlos Kelly appeals the imposition of deferred adjudication community supervision for possession of less than one gram of a controlled substance. Kelly challenges the trial court's denial of his suppression motion and right to a speedy trial. We reverse and remand.

I. BACKGROUND

Kelly pleaded no contest pursuant to an agreed punishment recommendation. The trial court followed the agreement...

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