Ex Parte Twine

OPINION

SAM J. DAY, Justice.

Appellant Gary Matthew Twine appeals the trial court’s denial of his application for habeas corpus relief based on the ground of double jeopardy. In two points, Appellant alleges that: 1) the trial court erred in denying the application for writ of habeas corpus because of the State’s introduction of evidence of Appellant’s post-arrest silence; and 2) the trial court erred in excluding evidence from a previous trial where the same prosecutor had previously provoked a mistrial based on evidence of a defendant’s post-arrest silence. We reverse and remand.

FACTS

Appellant…