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RODRIGUEZ v. STATE

No. 1284-92.

852 S.W.2d 516 (1993)

Daniel RODRIGUEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 28, 1993.

Attorney(s) appearing for the Case

Paul C. Looney, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Ernest Davila and Marie Munier, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted by a jury of indecency with a child and his punishment was assessed at seven years confinement, probated, and a $5000.00 fine. On appeal he contended, inter alia, that the trial court erred to continue on with his trial after having granted a mistrial in the cause. The Texarkana Court of Appeals agreed, holding that once the trial court granted the mistrial...

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