Ex parte Queen

*208OPINION

DUGGAN, Justice.

This is an appeal from the trial court’s denial of a pretrial writ of habeas corpus. Appellant asserts a jeopardy bar on account of legally insufficient evidence to support an earlier verdict of guilty.

Appellant was charged by indictment with burglary of a habitation. After his plea of not guilty, a jury found appellant guilty, found two enhancement allegations in the indictment to be true, and assessed his punishment at 40 years’ confinement in the Texas Department of Criminal Justice, Institutional Division.

Appellant filed a motion for new trial, asserting that his…