OPINION
RICKHOFF, Justice.
Appellant, Samuel Bauder ("Bauder"), is charged with a misdemeanor, driving while intoxicated. We affirmed the lower court's denial of Bauder's petition for pretrial writ of habeas corpus and held that Bauder's trial was not jeopardy barred under the Texas and United States Constitutions after a mistrial was granted in an earlier trial at Bauder's request.
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