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EX PARTE GARY

No. 07-94-0326-CR.

895 S.W.2d 465 (1995)

Ex Parte Ray Charles GARY.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled May 4, 1995.

Attorney(s) appearing for the Case

Snuggs & Wischkaemper, Philip Wischkaemper, Lubbock, for appellant.

Robert W. Kinkaid, Jr., Asst. Dist. Atty., Plainview, for appellee.

Before REYNOLDS, C.J., and BOYD and QUINN, JJ.

BOYD, Justice.

Applicant Ray Charles Gary brings this appeal from the trial court's denial of a pretrial application for writ of habeas corpus. In two points of error, he argues the trial court erred in denying the relief he sought because 1) prosecution in this case is barred by the double jeopardy provisions of article I, section 14 of the Texas Constitution, and 2) the prosecution is a "sham" barred by the double jeopardy provisions of the Fifth Amendment to the...

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