Fleet v. State, 62755
| Decision Date | 19 December 1979 |
| Docket Number | No. 62755,No. 1,62755,1 |
| Citation | 607 S.W.2d 257 |
| Parties | Timothy H. FLEET, Appellant, v. The STATE of Texas, Appellee |
| Court | Texas Court of Criminal Appeals |
Ken E. Mackey, Austin, on appeal only, for appellant.
James L. McMurtry, County Atty., Sue F. Eley, Asst. Dist. Atty., Austin, Robert Huttash, State's Atty., Austin, for the State.
Before ONION, P. J., and DOUGLAS and W. C. DAVIS, JJ.
Fleet was convicted, before a justice of the peace, upon a plea of nolo contendere, of speeding. Upon appeal and trial de novo to the county court, he was again convicted, and the court fined him $200.00.
Fleet now contends that the court erred in overruling his motion to dismiss for failure to provide him with a speedy trial in the justice court pursuant to Article 32A.02, V.A.C.C.P.
A plea of nolo contendere is the equivalent to a plea of guilty. Sowell v. State, 503 S.W.2d 793 (Tex.Cr.App.1974).
By pleading nolo contendere in the justice court, appellant waived his right under Article 32A.02, supra. Ramirez v. State, 590 S.W.2d 509 (Tex.Cr.App.1979).
The judgment is affirmed.
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...Lucero v. State, 502 S.W.2d 750, 752 (Tex.Cr.App.1973); Sowell v. State, 503 S.W.2d 793 (Tex.Cr.App.1974); Fleet v. State, 607 S.W.2d 257 (Tex.Cr.App.1979); Lawrence v. State, 626 S.W.2d 56 (Tex.Cr.App.1982); Snyder v. State, 629 S.W.2d 930 (Tex.Cr.App.1982).3 See former Articles 813, 826 a......
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...and all other decisions to the contrary are overruled. A plea of nolo contendere is equivalent to a plea of guilty. Fleet v. State, 607 S.W.2d 257, 258 (Tex.Cr.App.1979). Thus, under Martin v. State, supra, we must determine whether the trial court erred in overruling appellant's motion to ......
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