Apolinar v. State

OPINION

CHAPA, Justice.

This is an appeal from the denial of appellant’s pretrial plea in bar of prosecution. TEX.CODE CRIM.PROC.ANN. art. 27.05 (Vernon 1974). Appellant claims that being put to a second trial after mistrial was declared during his first trial will violate his right not to be placed in jeopardy twice for the same offense. U.S. CONST., amend. V.

Before we may reach the merits of appellant’s claim, we must address two claims of procedural default raised by the State. The State argues this court is without jurisdiction to hear an appeal when there has been no judgment of…