State v. Rhodes

OPINION

GREEN, Justice.

Stella Rhodes was charged by information with the offense of theft. After the jury was empaneled, a juror was absolutely disqualified. Although Rhodes agreed to a five-person jury, the State did not, and the trial court declared a mistrial. Later, the trial court granted Rhodes’ application for writ of habeas corpus and dismissed the information. In two points of error, the State contends the trial court erred in granting Rhodes’ application for writ of habeas corpus because (1) jeopardy had not attached, and (2) Rhodes’ right to a speedy trial had not been violated.…