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APOLINAR v. STATE

No. 04-89-00630-CR.

790 S.W.2d 108 (1990)

Rodolfo APOLINAR, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

May 23, 1990.

Attorney(s) appearing for the Case

Loraine Efron Kutler, San Antonio, for appellant.

Fred G. Rodriguez, Patrick Hancock, Michael Raign, Edward Shaughnessy, III, Crim. Dist. Attys., San Antonio, for appellee.

Before the court en banc.

OPINION

CHAPA, Justice.

This is an appeal from the denial of appellant's pretrial plea in bar of prosecution. TEX.CODE CRIM.PROC.ANN. art. 27.05 (Vernon 1974). Appellant claims that being put to a second trial after mistrial was declared during his first trial will violate his right not to be placed in jeopardy twice for the same offense. U.S. CONST., amend. V.

Before we may reach the merits of appellant's claim, we must address two claims of procedural...

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