Burns v. State

OPINION

BENAVIDES, Justice.

Appellant, Sylvester Bums, appeals from the judgment of the trial court denying his application for writ of habeas corpus. Appellant applied for a pre-trial writ based upon a claim of double jeopardy to prevent a trial for the offense of resisting arrest. After reviewing the record, we affirm the judgment of the trial court.

In his written application to the Court, appellant claimed he had previously been tried and acquitted by a jury for the offense of driving while intoxicated which arose out of the same incident as the resisting arrest charge. Appellant alleged…