OPINION
DIES, Chief Justice.
Appellant, Billy Ray Martinez, was originally charged in a five count indictment. The first two counts alleged forgery, the second two counts alleged forgery, the second two counts alleged the misapplication of fiduciary property, and the final count alleged theft. On February 20, 1984, a jury was selected and sworn to hear the case. On February 21, 1984, the court learned that prior to the commencement of appellant's trial,...
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