State of Texas v. Wooldridge, Dwayne Heath

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

No. PD-1482-05

THE STATE OF TEXAS

v.

DWAYNE HEATH WOOLDRIDGE, Appellee

On Discretionary Review of Case 11-03-00186-CR of the

Eleventh Court of Appeals,

Taylor County

Womack, J., delivered the opinion of the Court, in which Keller, P.J., and Price, Johnson, Keasler, Hervey, and Cochran, JJ., joined. Meyers, J., filed a dissenting opinion, in which Holcomb, J., joined.

The issue in this case is whether the Double Jeopardy Clause would be violated by remanding this case to the trial court for a new hearing on sentencing. We hold that it would not. A jury found the…