Ex Parte Lowery

OPINION ON STATE’S PETITIONS FOR DISCRETIONARY REVIEW

MALONEY, Judge.

Appellant was indicted for murder and convicted by a jury of the lesser included offense of criminally negligent homicide. The jury assessed punishment at confinement for one year. Thereafter the State indicted Appellant for aggravated robbery. Appellant filed a pre-trial application for writ of habeas corpus, contending that a prosecution for aggravated robbery was barred by the double jeopardy clause due to his prior murder prosecution. The trial court denied relief and the Court of Appeals reversed in its opinion on…