Ex parte Navarro

OPINION

Tracy Christopher, Justice

This is an appeal -from the denial of an application for writ of habeas corpus. *779The question is this: When an appellate court renders a judgment of adquittal because .there is no evidence of an aggravating element, may the defendant be retried for a lesser-included offense that does not require proof of the aggravating element? Our answer is “yes.” We reject appellant’s argument that a retrial would run afoul of the prohibition against double jeopardy, and we affirm the trial court’s order denying his application for writ of habeas corpus.

Before we set forth…