IN THE

TENTH COURT OF APPEALS

No. 10-99-309-CR

     DAVID JAY HOUSTON,

                                                                         Appellant

     v.

     THE STATE OF TEXAS,

                                                                         Appellee

From the 292nd District Court

Dallas County, Texas

Trial Court # F97-02839

DISSENTING OPINION

      I agree with most of the majority opinion. However, with regard to his complaint about the lack of a speedy trial, I do not believe that David Jay Houston has made a prima facie showing of prejudice. Further, it does not appear that there was a “serious prejudice beyond that which ensued from the ordinary and inevitable delay,” including the delay to which he agreed. Balancing the required factors to determine if Houston’s right to a speedy trial had been violated, I would hold that his right to a speedy trial had not been violated and affirm the judgment. See Bailey v. State, No. 10-99-132-CR, (Tex. App.—Waco, October 4, 2000, pet. filed).

                                                                         TOM GRAY

                                                                         Justice

Dissenting opinion delivered and filed January 17, 2001

Do not publish