May v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

This is a pretrial habeas proceeding in which appellant contends that a pending DWI prosecution must be dismissed because she has been convicted of involuntary manslaughter arising out of the same automobile accident. The trial court denied relief; the Dallas Court of Appeals affirmed. Ex parte May, 682 S.W.2d 326 (Tex.App.—Dallas 1984).

The Dallas Court relied alone on declarations in Ex parte McWilliams, 634 S.W.2d 815 (Tex.Cr.App.1982), viz:

“[W]e will now decide double jeopardy questions under the strict construction of…