Ex Parte Little

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

Appellant’s trial ended when the trial judge sua sponte declared a mistrial over appellant’s objection. Before he could be retried, appellant filed an application for writ of habeas corpus claiming retrial would violate the prohibition against double jeopardy. U.S. Const., art. V. The habeas judge denied relief and the Court of Appeals affirmed. Little v. State, 853 S.W.2d 767 (Tex.App.—Houston [14th Dist.] 1993).1 We granted appellant’s petition for discretionary review to determine whether the Court of Appeals erred in…