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EX PARTE BIRDWELL

No. 73653.

7 S.W.3d 160 (1999)

Ex parte Jerry Frank BIRDWELL, Applicant.

Court of Criminal Appeals of Texas, En banc.

December 15, 1999.

Attorney(s) appearing for the Case

Gerald Scheve, Houston, for appellant.

Baldwin Chin, Asst. Dist. Atty., Houston, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

WOMACK, J., delivered the opinion of the Court, in which McCORMICK, P.J., MANSFIELD, KELLER, PRICE, HOLLAND, and KEASLER, JJ., joined.

One issue in this case is whether a defendant may waive the right not to be twice placed in jeopardy for the same offense. We hold that the defendant may waive the right. We are also called upon the reconsider the correctness of a statement in Ex parte Wilson v. State,

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