Texas v. Lopez (original by judge richardson)
Annotate this CaseAppellee Martin Lopez spend 112 days in jail on felony charges, that was reduced after 85 days to a Class A misdemeanor. After the trial court granted Appellee’s motion for speedy trial and dismissed the case, the State appealed. The court of appeals considered the Barker v. Wingo factors - length of delay, reasons for delay, defendant’s assertion of the right, and prejudice to defendant - and upheld the trial court’s dismissal. The Texas Court of Criminal Appeals reversed, finding that: (1) counsel for Appellee requested an improper remedy – asking for a speedy trial while simultaneously acknowledging Appellee’s incompetence and asking for a dismissal 112 days after his arrest (both at the bench and in the speedy trial motion he filed), and (2) that the second visiting trial judge exceeded her authority by granting that motion and then dismissing the case. The Court found that during the “non-evidentiary” hearing on August 8, 2017, state statutes and precedent were not followed, and some of the factual and legal assertions were inaccurate. Accordingly, based on its independent review of the record and the unique circumstances in this case, judgment was reversed.
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