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Carlos Lamont Fisher, Jr v. the State of Texas

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Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

CONCURRING OPINION

I agree with the Court that appellant Carlos Lamont Fisher, Jr. has not preserved his appellate complaint for our review. I also agree with the Court that the trial court did not err in its conclusion that the 180-day speedy trial period applied in this case rather than the 120-day period, but for a more narrow reason than some of those the Court finds persuasive. In my view, we have no need in this case to decide whether the speedy trial provisions of Article IV of the Interstate Agreement on Detainers trump those of Article III when both articles have played a role in the transfer of a prisoner to Texas from another state. See, e.g., State v. Almly, 216 Ariz. 41, 45, 162 P.3d 680, 684 (Ariz. Ct. App. 2007); Ullery v. State, 1999 OK CR 36, ¶ 9, 988 P.2d 332, 340-41 (describing approaches adopted by various states).

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