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[Download] "State V. Miles" by Texas Court of Appeals # eBook PDF Kindle ePub Free

State V. Miles

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eBook details

  • Title: State V. Miles
  • Author : Texas Court of Appeals
  • Release Date : January 31, 2003
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

Lorman Tyrone Miles, appellee, was charged by information May 3, 2000, in Collin County with the offense of theft. Appellee filed a pro se Motion to Dismiss or in the Alternative Request for Fast and Speedy Trial on November 1, 2001, and his court appointed attorney filed a Motion to Set Aside Information for Failure to Afford Constitutional Right to Speedy Trial and a Motion for Speedy Trial on November 12, 2001. By order dated August 26, 2002, the trial court dismissed the case based upon the State's failure to comply with the Interstate Agreement on Detainers Act (the "IADA").*fn1 The State of Texas filed this appeal raising two issues for review. The State claims the trial court erred in granting appellee's motion to dismiss pursuant to the IADA because: 1) the 180 day time period to bring appellee to trial was not triggered; and 2) no Collin County detainer was ever lodged against appellee. For the reasons that follow, we sustain the State's second issue presented for review. Because our decision respecting that issue is dispositive, we need not address the first issue. We reverse the trial court's order dismissing the case and remand the cause for further proceedings.


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