EX PARTE PRESTON

No. 01-90-00607-CR.

801 S.W.2d 604 (1990)

Ex parte Carl Thomas PRESTON, Appellant.

Court of Appeals of Texas, Houston (1st Dist).

December 27, 1990.


Attorney(s) appearing for the Case

Ken J. McLean, Houston, for appellant.

John B. Holmes, Dist. Atty., Timothy Taft, Asst., Houston, for appellee.

Before SAM BASS, MIRABAL and DUNN, JJ.


OPINION

SAM BASS, Justice.

This is an appeal from a pretrial habeas corpus proceeding.

Appellant was charged in a three count indictment in cause number 486858 with aggravated robbery of three different people ("first prosecution"). Prior to the jury being impaneled and sworn, the trial court read only count II of the indictment. After the jury was impaneled and sworn, the State, out of the presence of...

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