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EX PARTE PRESTON

No. 300-91.

833 S.W.2d 515 (1992)

Ex parte Carl Thomas PRESTON.

Court of Criminal Appeals of Texas, En Banc.

On Denial of Rehearing June 24, 1992.

Attorney(s) appearing for the Case

Ken J. McLean, Roy G. Romo, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Timothy G. Taft, Dave Pendleton, Kelley Siegler, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

Appellant was originally charged in a single indictment with three counts of aggravated robbery. After the jury was impaneled and sworn, the State proceeded to trial on the second count only and appellant was convicted of that alleged offense. A grand jury re-indicted appellant for the offenses alleged in the first and third counts of the original indictment. Appellant filed a pretrial...

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