Sorola v. State

DIAL, Justice.

This is an appeal from the denial of the relief requested based upon a double jeop ardy claim urged in appellant’s pretrial writ of habeas corpus.

Appellant was originally found guilty by a jury of the offense of capital murder. Following the jury verdict, and outside the presence of the jury, the trial court, the State, and appellant agreed that because the State had waived the death penalty, the proper procedure was to have the court assess punishment. The trial court sentenced appellant to life imprisonment. On direct appeal this court reversed noting that the Court of…