Ex Parte Wheeler

OPINION

LIVINGSTON, Justice.

Appellant Kristin Hope Wheeler appeals the denial of her petition for writ of habeas corpus. In a single point, appellant contends that the trial court erred in denying relief upon her claim of double jeopardy. Because we agree that a second trial is jeopardy-barred, we reverse and render.

Facts

On July 21, 1999, Dr. David Mitchell attempted to cross a rural road to access his mailbox as appellant drove down that same road at approximately sixty-five miles per hour. Appellant, traveling about twenty miles per hour over the speed limit, was unable to avoid striking…