Voisinet v. State

OPINION ON REHEARING

ELLIS, Justice (Assigned).

The opinion of April 24, 1997 is withdrawn and the following opinion is substituted therefor. In this appeal from the denial of a pretrial writ of habeas corpus, this court, on original submission, held that the prosecution of appellant for driving while intoxicated was not barred by the double jeopardy clause of the United States and Texas Constitutions. On November 25, 1996, the court of criminal appeals remanded the cause to this court for proceedings consistent with its opinion. We affirm.

On January 1, 1995, a police officer stopped appellant…