Ex Parte Wood

Petitioner, Kenneth Houston Wood, was convicted of theft by deception, Code 1975, § 13A-8-3, of a $3,281.44 check, the property of Trinity Insurance Company of Kansas, Inc. ("Trinity"), and was sentenced to five years' imprisonment and was ordered to pay $3,281.44 in restitution. The Court of Criminal Appeals affirmed, without an opinion. 550 So.2d 1096. We reverse and remand.

The issues are (1) whether Wood was subjected to double jeopardy when he was tried on a second indictment charging theft of a check by deception, when the original indictment on which he was tried had charged a theft of…