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EX PARTE LOWERY

No. 05-92-00370-CR.

886 S.W.2d 827 (1994)

Ex parte Douglas Allen LOWERY, Appellant.

Court of Appeals of Texas, Dallas.

Discretionary Review Refused January 25, 1995.

Attorney(s) appearing for the Case

Allan Fishburn, Dallas, for appellant.

Pamela Sullivan Berdanier, Dallas, for appellee.

Before LAGARDE, MALONEY and CHAPMAN, JJ.

OPINION ON PETITION FOR DISCRETIONARY REVIEW

LAGARDE, Justice.

We withdraw our opinion of August 12, 1994. The following is now the opinion of this Court.

Douglas Allen Lowery was indicted for murder and convicted by a jury of the lesser included offense of criminally negligent homicide. The State then indicted appellant for aggravated robbery. Appellant filed a pretrial application for writ of habeas corpus, contending that prosecution for aggravated...

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