Finch v. State
| Decision Date | 23 June 1982 |
| Docket Number | No. 337-82,337-82 |
| Citation | 643 S.W.2d 414 |
| Parties | Bobby Dale FINCH, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Garry Lewellen, Stephenville, for appellant.
Wayne Hughes, Dist. Atty. and Bailey F. Rankin, Asst. Dist. Atty., Granbury, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.
Before the court en banc.
OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
Appeal is taken from a conviction for murder. After finding appellant guilty, the jury assessed punishment at life. Appellant's conviction was affirmed by the Court of Appeals. Finch v. State, 629 S.W.2d 876 (1982). Appellant's motion for rehearing was overruled without written opinion.
In his petition for discretionary review, appellant contends the trial court erred by placing a limitation upon certain questions he sought to propound to the prospective jurors during the voir dire examination. The Court of Appeals concluded that nothing was presented for review because appellant failed to point out where in the record the alleged violation occurred.
The record reflects that in a supplemental brief filed with the Court of Appeals prior to the opinion, appellant directed that court's attention to pages 84-85 of the record on appeal with respect to his contention concerning a limitation on the voir dire examination. We therefore find that appellant did point out where in the record the alleged limitation occurred.
In his petition for discretionary review, appellant further contends he was denied his constitutional right to a speedy trial under the Texas and United States Constitutions. This contention was raised in the brief filed by appellant with the Court of Appeals. The opinion by the Court of Appeals makes no mention of appellant's contention wherein he maintains he was denied his constitutional right to a speedy trial.
In his petition for discretionary review, appellant further contends he was denied his statutory right to a speedy trial under Article 32A.02, V.A.C.C.P. The record reveals appellant filed a motion to dismiss on June 11, 1979. The motion was heard and overruled by the trial court on the first day of trial, July 26, 1979, with a notation that such motion was "timely submitted to the court and overruled."
The Court of Appeals found nothing was presented for review with regard to appellant's contention concerning the denial of his motion to dismiss because such...
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