Ex Parte Tarver

OPINION

COHEN, Justice.

This is an appeal from a denial of pre-trial habeas corpus relief in a misdemeanor assault case. This court has jurisdiction because pre-trial appellate review of a double jeopardy claim is constitutionally required. United States v. Hollywood Motor Car Co., 458 U.S. 263, 102 S.Ct. 3081, 73 L.Ed.2d 754 (1982); Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977); Ex parte Robinson, 641 S.W.2d 552, 555 (Tex.Crim.App.1982).

On March 30, 1983, in cause no. 333,217 in the 179th Judicial District Court of Harris County, appellant was adjudged guilty of…