Ex Parte Bennett

OPINION

DIXON W. HOLMAN, Justice.

I. Introduction

Appellant Michael Joseph Bennett appeals the trial court’s denial of relief on his pre-conviction application for writ of habe-as corpus. In a single issue, Bennett argues that his retrial following a mistrial violates the state and federal constitutional protections against double jeopardy because the State elicited testimony from two witnesses that was intended to provoke him into moving for the mistrial. We will affirm.

II. Factual and Procedural Background

Bennett’s aggravated sexual assault trial began on January 8, 2007. During voir dire,…