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Cantu v. State

The trial court did not err in denying Alberto Cantu's motion to dismiss on the ground of an alleged speedy trial violation. Court of Criminal Appeals, No. PD-1176-07

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OPINION

Appellant, Alberto Cantu, was arrested for DWI on March 5, 2003. He was released on bond the next day, but was not formally charged for this offense until July 6, 2004, more than a year later. Shortly thereafter, he filed a motion to dismiss for lack of a speedy trial. After a hearing, the trial court denied the motion. Appellant then pled guilty and appealed the trial court’s ruling. The court of appeals reversed, concluding that, under Barker v. Wingo,*fn1 appellant was denied his constitutional right to a speedy trial.*fn2 We granted the State’s petition to determine whether the court of appeals properly deferred to the trial court’s factual findings under the four Barker speedy-trial factors.*fn3 We find that it did not.

I.

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