Ex Parte Rodriguez

OPINION

PATRICK A. PIRTLE, Justice.

Appellant, Eric Dean Rodriguez, appeals the trial court’s order denying his pretrial application for writ of habeas corpus contending he is being subjected to double jeopardy after his first trial ended in a sua sponte order of mistrial. The State contends the trial court did not err because Appellant failed to preserve error by failing to timely object and is, therefore, deemed to have consented to the mistrial. The State also contends that the interests of justice made a mistrial manifestly necessary. Because we find the trial court’s original decision to…