Ex Parte Stowe

LEVY, Justice.

A jury found appellant, Joe Morris Stowe, guilty of possessing over 28 grams of methamphetamine. The trial court granted appellant’s motion for a new trial based upon improper prosecutorial argument about the defendant’s failure to testify. Before retrial, appellant filed a petition for the writ of habeas corpus, claiming that a retrial would violate his right against double jeopardy under the Fifth and Fourteenth Amendments to the U.S. Constitution, and Article I, sec. 14 of the Texas Constitution. Relief was denied, and appellant appeals that ruling.

In his sole point of error,…