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STATE v. TORRES

No. 13-89-286-CR.

780 S.W.2d 513 (1989)

The STATE of Texas, Appellant, v. Raul Sergio TORRES, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled December 21, 1989.

Attorney(s) appearing for the Case

Ben Euresti, Jr., County Crim. Dist. Atty., Brownsville, for appellant.

Noe Robles, Harlingen, Horacio L. Barrera, Martinez & Barrera, Brownsville, for appellee.

Before SEERDEN, UTTER and DORSEY, JJ.

OPINION

SEERDEN, Justice.

The State appeals from an order sustaining appellee's claim of former jeopardy. See Tex.Code Crim.Proc.Ann. art. 44.01 (Vernon Supp.1989). This appeal raises a question of first impression concerning the attachment of jeopardy in a bench trial under the Constitution of the State of Texas.1 We affirm the trial court's order.

Raul Torres, the defendant in a criminal prosecution, filed a...

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