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On Aug. 2, the 13th Court of Appeals affirmed a visiting judge’s decision to dismiss a driving-while-intoxicated charge against 93rd District Judge Rodolfo “Rudy” Delgado of Edinburg. In an unpublished opinion written by Chief Justice Rogelio Valdez, a three-justice panel of the 13th Court concluded that the state deprived Delgado of his constitutional right to a speedy trial. Judge Daniel Robles, a visiting judge from Brownsville, dismissed the DWI charge against Delgado in 2005, and Hidalgo District Attorney Rene Guerra appealed. In affirming the dismissal, the 13th Court panel held in State v. Delgado that the more than two-year delay in the case after Delgado’s 2002 arrest was “presumptively prejudicial and unreasonable.” Justices Nelda Rodriguez and Gina Benavides joined Valdez in the decision. [ See the court's opinion.] Unwilling to give up on the case, Guerra says he will file a petition for review with the Texas Court of Criminal Appeals. McAllen solo Aldolfo “Al” Alvarez Jr., Delgado’s attorney, says Guerra is wasting taxpayers’ money on a case that the courts already have decided. But Alvarez adds, “Obviously, we’re prepared to deal with anything he files.”

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