Miller v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was convicted of murder and assessed life imprisonment by a jury.

On appeal the San Antonio Court of Appeals in a panel opinion reversed the conviction holding that the trial court erred in overruling appellant’s pretrial plea in bar of prosection based on a statutory claim of former jeopardy under Article 30(c), V.A. P.C., as amended (Acts 1973, 63rd Leg., p. 1484, ch. 544, Sec. 2, effective Sept. 1, 1973). Miller v. State, 640 S.W.2d 404 (Tex.App.-San Antonio 1982).

We granted the State’s petition to consider the…