Hern v. State

892 S.W.2d 894 (1994)

Robert William HERN, Appellant,

v.

The STATE of Texas, Appellee.

No. 107-94.

Court of Criminal Appeals of Texas, En Banc.

November 2, 1994.

K. Ming Roschke, court appointed, College Station, for appellant.

Bill Turner, Dist. Atty. & Glynis McDaniel & Kyle Davis, Asst. Dist. Attys., Bryan, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Under a somewhat unique set of facts, appellant brings a double jeopardy challenge to the State's attempt to retry him for an offense to which he…