Ex Parte Moore

EARL W. SMITH, Justice.

Appellant filed an application for writ of habeas corpus in the trial court in which he asserted that further prosecution of cause no. 9306, now pending in the district court of Caldwell County, is barred by double jeopardy. The writ issued and after a hearing, the trial court, the Honorable Charles R. Ramsay, judge presiding, refused to dismiss the prosecution. This appeal followed. 1 See Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977); Ex parte Robinson, 641 S.W.2d 552 (Tex.Cr.App.1982); Ex parte Gonzales, 667 S.W.2d 932 (Tex.App.1984, pet.…