Ex Parte Rathmell

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

This is a pretrial habeas corpus application. The applicant seeks to have an indictment which alleges that he committed involuntary manslaughter dismissed because he reasons that a trial on the merits of the charge will expose him to double jeopardy. See Ex parte Robinson, 641 S.W.2d 552 (Tex.Cr.App.1982).

Applicant was originally denied his writ by the 109th District Court in Nueces County. Applicant then appealed this denial to the Thirteenth Court of Appeals. The Court of Appeals granted applicant’s request for relief and…