Henderson v. State

Judge Harold R. Banke.

Sandy W. Henderson challenges the denial of his plea in bar alleging double jeopardy violations.

Henderson was originally charged in Harris County Superior Court with the offenses of habitual violator, driving under the influence (“DUI”), and open container. After learning that one of the DUIs on Henderson’s record was void, the State consented to the entry of an order of nolle prosequi on the habitual violator charge. The State also agreed to transfer the remaining misdemeanor charges, of DUI and open container, to probate court for disposition.

When Henderson appeared…