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GOSS v. STATE

No. 13-96-365-CR.

944 S.W.2d 748 (1997)

Johnathan GOSS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

April 30, 1997.

Attorney(s) appearing for the Case

Michael A. Kolpack, Corpus Christi, for Appellant.

Carlos Valdez, Dist. Atty., James D. Rosenkild, Asst. Dist. Atty., Corpus Christi, for Appellee.

Before DORSEY, FEDERICO G. HINOJOSA, Jr., and RODRIGUEZ, JJ.

OPINION

DORSEY, Justice.

Johnathan Goss was tried and found guilty of aggravated kidnapping,1 a first degree felony. However, a mistrial was declared on Goss's motion during the punishment phase. Prior to being tried again, he sought a writ of habeas corpus, claiming that double jeopardy bars his retrial, because the mistrial was caused by the deliberate or reckless acts of the prosecutor. The trial court denied habeas corpus...

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