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EX PARTE PADRON

No. 01-99-00263-CR.

16 S.W.3d 31 (2000)

Ex parte Dwain PADRON.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled May 2, 2000.

Attorney(s) appearing for the Case

Adam L. Moskowitz, Houston, for appellant.

Calvin Hartmann, John B. Holmes, Houston, for State.

Panel consists of Justices MIRABAL, WILSON, and NUCHIA.

OPINION

DAVIE L. WILSON, Justice.

Appellant Dwain Padron filed a pretrial application for a writ of habeas corpus based on a claim of double jeopardy. The trial court denied the requested relief. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND1

On December 28, 1996, James Berner and his wife, Susie Berner, were closing their fireworks stand when appellant approached them and held a gun to Mrs. Berner's head...

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