Is there anything that prevents the state from refiling a case dismissed for lack of speedy trial. I have read Art 28.061 CCP but have been told that the statute is outdated and no longer valid?

Aside from the dismissal with prejudice?

The Speedy Trial Act (CCP Chapter 32A) was declared unconstitutional. Accordingly, a motion to dismiss based on Chapter 32A should not have been granted. The problem is that Art. 28.061 does not differentiate between statutory and constitutional grounds for the dismissal. If the motion was based on a constitutional claim of denial of speedy trial, I think you may have a problem.

Good point, Ken. Ex parte Seidel, 39 S.W.3d 221 (Tex. Crim. App. 2001), says that the state is not required to appeal a dismissal under 28.061 since the judgment would be void and may be ignored by simply refiling the case. However, a constitutional claim might require an appeal. Safest bet seems to me to be an appeal.

An appeal might not be necessary. If the defendant's motion only alleged a violation of CCP Chapter 32A, then the case cited makes an appeal unnecessary. If the motion is based on constitutional grounds, you may need to appeal.

Exactly. Jennifer, did the motion filed by the defense attorney allege both chapter 28 and constitutional grounds for the dismissal? If so, and the order just grants the motion, it arguably could apply to both grounds and you may have to appeal anyway. If not, this case seems to make it pretty clear that the order can be ignored.

Thanks