Bauder v. State

OPINION

RICKHOFF, Justice.

Appellant, Samuel Bauder (“Bauder”), is charged with a misdemeanor, driving while intoxicated. We affirmed the lower court’s denial of Bauder’s petition for pretrial writ of habeas corpus and held that Bauder’s trial was not jeopardy barred under the Texas and United States Constitutions after a mistrial was granted in an earlier trial at Bauder’s request. 1 Bauder v. State, 880 S.W.2d 502 (Tex.App. — San Antonio 1994), rev’d, 921 S.W.2d 696 (Tex.CrimApp.1996). The mistrial was granted after the arresting officer graphically testified on direct examination that Bauder…