Ex parte Preston

*605OPINION

SAM BASS, Justice.

This is an appeal from a pretrial habeas corpus proceeding.

Appellant was charged in a three count indictment in cause number 486858 with aggravated robbery of three different people (“first prosecution”). Prior to the jury being impaneled and sworn, the trial court read only count II of the indictment. After the jury was impaneled and sworn, the State, out of the presence of the jury, presented only count II of the indictment to which appellant pled not guilty. The jury was charged on only count II of the indictment, and the jury found appellant guilty of aggravated…