Garza v. State

OPINION

ELSA ALCALA, Justice.

We sua sponte withdraw our opinion and judgment issued October 30, 2008 and replace them with this opinion and judgment. See Tex.R.App. P. 50. Appellant, David Garza, appeals from the trial court’s order denying his pretrial application for writ of habeas corpus that sought relief from double jeopardy in trial court cause number 1475517. See Tex.Code Ckim. PROC. Ann. art. 11.08 (Vernon 2005). In this appeal, appellant asserts the trial court erred by sua sponte declaring a mistrial and by denying defense counsel’s application for a writ of habeas corpus based upon…