Ex Parte Joseph Montano

OPINION

EVELYN V. KEYES, Justice.

The State charged appellant, Joseph Montano, with the second-degree felony offense of theft from a nonprofit organization of property valued between $20,000 and $100,000. 1 After a State witness in criminated himself during cross examination, the trial court declared a mistrial. The State indicated its intent to retry appellant, and appellant applied for a writ of habeas corpus, arguing that double jeopardy barred any retrial of the offense. The trial court denied habeas corpus relief. In his sole issue on appeal, appellant contends that the trial court erred…