Ex Parte Brown

OPINION

LATTIMORE, Justice.

This is an appeal from the trial court’s denial of the relief requested in Brown’s Application for Writ of Habeas Corpus based on a claim of double jeopardy.

We affirm.

On Monday, March 30, 1992, Brown’s case was called for trial and a jury was seated and sworn by the court. However, because of the late hour, the proceedings were recessed until the following morning. On Tuesday, March 31, the court again called this case for trial. At that time, the State announced ready but Brown requested that the trial be continued until the following day. Brown s counsel had become…