Ex Parte Rayford Smith ( 2014 )

IN THE
TENTH COURT OF APPEALS
No. 10-13-00243-CR
EX PARTE RAYFORD SMITH
From the 85th District Court
Brazos County, Texas
Trial Court No. 13-001621-CV-85
MEMORANDUM OPINION
Rayford Smith appeals the trial court’s denial of his application for bond
reduction. He complains that because the State was not ready to proceed on his Brazos
County offenses more than 90 days from the date a detainer was placed on him by
Brazos County while Smith was being held on other charges at the Milam County jail,
he should be released on a personal recognizance bond. See TEX. CODE CRIM. PROC.
ANN. art. 17.151, sec. 1 (West Supp. 2013). Acknowledging that case law from this
Court is contrary to his position, see Ex parte Remeika, No. 10-09-00379-CR, 2010 Tex.
App. LEXIS 2717, 5-6 (Tex. App.—Waco Apr. 14, 2010, pet. dism’d) (not designated for
publication) (holding that the ninety-day period for determining whether the State was
ready for trial on the Walker County charge against defendant did not begin until
defendant was transferred from Madison County jail to Walker County jail), Smith
argues that we should revisit our holding in Remeika. We decline to do so.
Accordingly, based on our decision in Remeika, we hold that that the ninety-day
period for determining whether the State was ready for trial on the Brazos County
charges against Smith did not begin when the detainer was placed on Smith at the
Milam County jail but rather began when Smith was transferred from the Milam
County jail to the Brazos County jail. Smith’s sole issue is overruled, and the trial
court’s judgment is affirmed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Affirmed
Opinion delivered and filed February 20, 2014
Do not publish
[CR25]
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