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LESTER v. STATE

No. A14-91-00784-CR.

824 S.W.2d 775 (1992)

Arthur Lee LESTER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

February 6, 1992.

Attorney(s) appearing for the Case

Douglas M. O'Brien, Houston, for appellant.

Kimberly Aperauch Stelter, Houston, for appellee.

Before J. CURTISS BROWN, C.J., and SEARS and ELLIS, JJ.

OPINION

SEARS, Justice.

This is a case of first impression. When an unadjudicated offense is used as evidence of misconduct at the punishment phase of a trial for an unrelated offense, committed prior to the unadjudicated offense, does double jeopardy bar a subsequent prosecution for that latter offense?

Appellant was convicted in cause number 569,749, in Harris County, Texas, of aggravated sexual assault which was alleged to have occurred on April...

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