State v. Lee

OPINION

WHITTINGTON, Justice.

The State appeals the trial court’s order sustaining appellee’s double jeopardy claim and dismissing the indictment against him with prejudice. See Tex.Code CRiM. PROC. ANN. art. 44.01(a)(1), (4) (Vernon Supp.1998). In three points of error, the State contends the trial judge erred in (1) sustaining appel-lee’s objection to a portion of the prosecutor’s opening statement, (2) granting a mistrial based on the prosecutor’s opening statement, and (3) barring a retrial of the charges against appellee based on double jeopardy. For the reasons set forth below, we dismiss…