James David Frye v. State

NO. 12-02-00124-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JAMES DAVID FRYE,

§

APPEAL FROM THE

APPELLANT

V

§

COUNTY COURT AT LAW #2

THE STATE OF TEXAS,

APPELLEE

§

SMITH COUNTY, TEXAS

James David Frye appeals from the denial of his application for a pretrial writ of habeas corpus. In three issues, Appellant contends that double jeopardy bars the State's prosecution for driving while intoxicated. We affirm the trial court's order.

Background

Appellant was charged by information with the offense of driving while intoxicated. A jury trial began. Officer J. E. Smith ("Officer Smith")…