Dragoo v. State
In Dragoo v. State, 96 S.W.3d 308 (Tex. Crim. App. 2003), the defendant filed a motion to dismiss for lack of a speedy trial, albeit the day before the trial was scheduled to begin. Id. at 311.
The next day, the trial court held a hearing on the motion, denied relief, and commenced the trial. Id.
Because the defendant waited until the day before trial to file a motion to dismiss the indictment, his delay in raising the speedy trial issue before the trial court was a factor to be considered in whether he was denied his constitutional right to a speedy trial. Id. at 314.
The Court of Criminal Appeals did not hold that a defendant could raise a speedy trial issue for the first time on appeal, and, indeed, it stated, "At the outset, we note that the court of appeals erred in considering the arguments that appellant made for the first time on appeal." Id. at 313.