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EX PARTE SMITH

No. 69456.

690 S.W.2d 601 (1985)

Ex parte Robert A. SMITH.

Court of Criminal Appeals of Texas, En Banc.

June 5, 1985.

Attorney(s) appearing for the Case

David Diaz, Corpus Christi, for appellant.

Thomas L. Bridges, Dist. Atty., and Joseph V. Collina, Asst. Dist. Atty., Sinton, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

PER CURIAM.

This is an application for post-conviction habeas corpus pursuant to Art. 11.07, V.A. C.C.P.

Applicant contends that the State was barred from prosecuting him in Cause No. 5937 in the 36th District Court of San Patricio County after the trial court had dismissed such cause because it was taken into account while an unadjudicated offense in determining punishment in another cause pursuant to V.T.C.A. Penal Code, Sec. 12.45.

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