Ex Parte Garcia

Appellant stands indicted under the above cause number for the offense of sexual assault. See Tex. Penal Code Ann. § 22.011(a)(1)(A), (b)(3) (West 1994 & Supp. 1996). By application for writ of habeas corpus, appellant sought to bar prosecution of this indictment on double jeopardy grounds. The writ issued and after a hearing, relief was denied.

Appellant was first indicted for this offense under cause number 0945730. He filed a motion to set aside that indictment because of alleged pleading deficiencies and, on March 2, 1995, the district court granted the motion in a written order.…