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EX PARTE ROGERS

No. 68847.

632 S.W.2d 748 (1982)

Ex parte Carl Raymond ROGERS, Jr.

Court of Criminal Appeals of Texas, En Banc.

May 26, 1982.

Attorney(s) appearing for the Case

Curits C. Mason, Huntsville, for appellant.

Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

CLINTON, Judge.

This application for a writ of habeas corpus for post-conviction relief under Article 11.07, V.A.C.C.P., demonstrates that though the carving doctrine be abandoned constitutional jeopardy problems remain unresolved.1

In Brown v. Ohio, 432 U.S. 161, 97 S.Ct. 2221, 53 L.Ed.2d 187 (1977), the Opinion of the Court pointed out:

"The Blockburger...

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