Ex parte Rayford SmithAppeal from 85th District Court of Brazos County (memorandum opinion by chief justice gray)

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IN THE TENTH COURT OF APPEALS No. 10-13-00243-CR EX PARTE RAYFORD SMITH From the 85th District Court Brazos County, Texas Trial Court No. 13-001621-CV-85 MEMORANDUM OPINION Rayford Smith appeals the trial court s denial of his application for bond reduction. He complains that because the State was not ready to proceed on his Brazos County offenses more than 90 days from the date a detainer was placed on him by Brazos County while Smith was being held on other charges at the Milam County jail, he should be released on a personal recognizance bond. See TEX. CODE CRIM. PROC. ANN. art. 17.151, sec. 1 (West Supp. 2013). Acknowledging that case law from this Court is contrary to his position, see Ex parte Remeika, No. 10-09-00379-CR, 2010 Tex. App. LEXIS 2717, 5-6 (Tex. App. Waco Apr. 14, 2010, pet. dism d) (not designated for publication) (holding that the ninety-day period for determining whether the State was ready for trial on the Walker County charge against defendant did not begin until defendant was transferred from Madison County jail to Walker County jail), Smith argues that we should revisit our holding in Remeika. We decline to do so. Accordingly, based on our decision in Remeika, we hold that that the ninety-day period for determining whether the State was ready for trial on the Brazos County charges against Smith did not begin when the detainer was placed on Smith at the Milam County jail but rather began when Smith was transferred from the Milam County jail to the Brazos County jail. Smith s sole issue is overruled, and the trial court s judgment is affirmed. TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Affirmed Opinion delivered and filed February 20, 2014 Do not publish [CR25] Ex parte Smith Page 2

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