Brown v. State

The court of appeals found that the judge presiding over appellant’s first trial did not abuse his discretion by sua sponte granting a mistrial and, therefore, that appellant’s retrial did not violate his double jeopardy rights. Ex parte Brown, 839 S.W.2d 164 (Tex.App.—Fort Worth 1992). I believe that this holding is “a conclusion adequately supported by the law and the evidence.” Arcila v. State, 834 S.W.2d 357, 361 (Tex.Crim.App.1992). Therefore, the proper action for this Court to take is to dismiss appellant’s ground for review as improvidently granted. Because the majority insists on…