State v. Lee

*927KEASLER, J.,

delivered a concurring opinion, in which McCORMICK, P.J. and KELLER, J., join.

Today the majority further muddles Texas double jeopardy law while clinging to an ill-conceived, historically unsound, imprecise precedent. Rather than abandoning Bauder v. State,1 the majority turns a blind eye to its holding and says that it does not apply to these facts. I agree that Lee should answer to the indictment, and that double jeopardy does not prohibit his retrial. I just do not see how the majority can justify its conclusion under the language of Bauder.

Regardless of whether Lee was…