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APOLINAR v. STATE

No. 682-90.

820 S.W.2d 792 (1991)

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

Court of Criminal Appeals of Texas, En Banc.

June 19, 1991.

Attorney(s) appearing for the Case

Loraine Efron Kutler, San Antonio, for appellant.

Fred G. Rodriguez, Dist. Atty. and Patrick Hancock, Michael Raign and Edward F. Shaughnessy, III, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

This case is before us on the State's petition for discretionary review. The State contends that "the Court of Appeals erred in holding that it had jurisdiction" to address appellant's claim. We hold that the Court of Appeals did not have jurisdiction.

Appellant filed a special plea in the trial court alleging that his first trial, which resulted in a mistrial, was improperly terminated...

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