State v. Charlie E. Seidel, Jr.

OPINION

Opinion by:

KAREN ANGELINI, Justice.

The State of Texas appeals the trial court’s order granting habeas corpus relief to Charles E. Seidel, Jr. on grounds of double jeopardy and collateral estoppel. Raising a single issue on appeal, the State contends that the trial court abused its discretion in granting habeas relief because Seidel did not carry his burden of proving either previous jeopardy or previously litigated facts. Because we find that the State waived this error, we affirm the judgment of the trial court.

Factual and ProceduRal Background

On August 17, 1997, appellant, Charles…