OPINION
WILSON, Justice.
On April 6, 1994, appellant, Freeman Lawrence Utley, was arrested and charged with possession of a controlled substance, cocaine, weighing more than 200 grams but less than 400 grams. On April 22, 1994, appellant was indicted. On October 31, 1994, appellant filed a motion to quash the indictment arguing "the indictment [was] defective because it violated double jeopardy under the Fifth Amendment to the United States Constitution...
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