Ex parte Padron

OPINION

DAVIE L. WILSON, Justice.

Appellant Dwain Padrón filed a pretrial application for a writ of habeas corpus based on a claim of double jeopardy. The trial court denied the requested relief. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND1

On December 28, 1996, James Berner and his wife, Susie Berner, were closing their fireworks stand when appellant approached them and held a gun to Mrs. Berner’s head. Appellant forced Mr. Ber-ner to tape Mrs. Berner’s hands behind her back. Appellant then struck Mr. Ber-ner in his knee with a hammer. Appellant demanded money and took the money from the money…