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STATE v. COMERFORD

No. 07-91-0031-CR.

812 S.W.2d 668 (1991)

The STATE of Texas, Appellant, v. Steven Barkley COMERFORD, Appellee.

Court of Appeals of Texas, Amarillo.

July 10, 1991.

Attorney(s) appearing for the Case

Randall Sherrod, Crim. Dist. Atty., John L. Davis, Asst. Crim. Dist. Atty., Canyon, for appellant.

Greta Rapstine Crofford, Amarillo, for appellee.

Before REYNOLDS, C.J., and DODSON and POFF, JJ.

REYNOLDS, Chief Justice.

After a jury acquitted appellee Steven Barkley Comerford of the charge of burglary, the State attempted to prosecute him on a charge of unauthorized use of a motor vehicle, a motorcycle which the State attempted to show during the first prosecution was taken in the burglary. Upon Comerford's special plea of double jeopardy, the trial court discharged him, and the State appealed. In that appeal, denominated

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