Legal Opinion

Ex parte Alaniz

Court of Appeals of Texas

Decided September 5, 1996No. Nos. 13-95-537-CR, 13-96-135-CRPublishedCited by 3 opinions

1Opinion of the Court

*28OPINION

DORSEY, Justice.

This is an appeal from a denial of an application for writ of habeas corpus.

Appellant Theodora Alaniz pleaded “no contest” to the charge of intoxication manslaughter,1 was found guilty and sentenced to ten years’ probation and 120 days in jail, to be served on weekends. On the State’s motion to reconsider the sentence, the trial court vacated appellant’s sentence, withdrew her nolo contendere plea, and set the case for trial. Claiming double jeopardy, appellant sought a writ of habeas corpus to prevent the retrial, but her petition was denied by the trial court. We…

2Cases cited16 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Brown v. OhioSupreme Court of the United States · 1977
  3. Phillips v. StateCourt of Criminal Appeals of Texas · 1990
  4. Torres v. StateCourt of Criminal Appeals of Texas · 1981
  5. Ex Parte YbarraCourt of Criminal Appeals of Texas · 1982

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3Cited by3 opinions

  1. Don Willoughby Stephens Iii v. State, Texas Court of Appeals, 13th District2013
  2. John McAuliffe v. State, Texas Court of Appeals, 3rd District (Austin)1997
  3. State v. Tiphanie Raquel Tippin, Texas Court of Appeals, 13th District2016

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