OPINION
LEE, Justice.
Appellant, Robert Paul Janney, pleaded not guilty before a jury to the offense of driving while intoxicated. TEX.REV.CIV. STAT. ANN. art. 6701l-1(b) (Vernon Supp.1994), repealed by Act of June 19, 1993, 73rd Leg., R.S., ch. 900, § 1.15, Tex. Gen. Law 3586, 3704 (current version at TEX. PENAL CODE ANN. § 49.04 (Vernon Supp.1997)). Appellant's trial ended when his request for a mistrial was granted. In a subsequent...
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