Cooke v. State

Birdsong, Presiding Judge.

James Randolph Cooke appeals from an order denying his motion for discharge and acquittal and plea in bar based on double jeopardy grounds.

Appellant was brought to trial for two counts of DUI; a jury was impaneled and sworn. A videotape was made of appellant’s arrest; this tape in part showed appellant’s fiance, who was a passenger in appellant’s vehicle, in an apparent intoxicated condition. Prior to trial, the trial court granted appellant’s motion in limine in part to “exclude anything on the videotape past whatever point there is where the conduct of…