Capps v. State

OPINION

TERRY JENNINGS, Justice.

We deny appellant’s motion for rehearing. Tex.R.App. P. 49.3. We withdraw our January 17, 2008 opinion, substitute this opinion in its place, and vacate our January 17, 2008 judgment. 1

Appellant, Damon Richard Capps, challenges the trial court’s order denying his application for a writ of habeas corpus. 2 In his sole issue, appellant contends that the State’s prosecution of him for misapplication of fiduciary property 3 “following a final judgment of disbarment against [him] for the same conduct, which contained punitive monetary penalties, violates the double…