EX PARTE WHEELER

No. 2-01-133-CR.

61 S.W.3d 766 (2001)

Ex parte Kristin Hope WHEELER.

Court of Appeals of Texas, Fort Worth.

November 29, 2001.


Attorney(s) appearing for the Case

Jerry J. Loftin, Fort Worth, for Appellant.

Tim Curry, Criminal District Attorney, Charles M. Mallin, Assistant Criminal District Attorney and Chief of the Appellate Section, Steven W. Conder, Lloyd Whelchel and Susannah Touzel, Assistant Criminal District Attorneys, Fort Worth, for Appellee.

Panel B: LIVINGSTON, DAUPHINOT, and WALKER, JJ.


OPINION

LIVINGSTON, Justice.

Appellant Kristin Hope Wheeler appeals the denial of her petition for writ of habeas corpus. In a single point, appellant contends that the trial court erred in denying relief upon her claim of double jeopardy. Because we agree that a second trial is jeopardy-barred, we reverse and render.

Facts

On July 21, 1999, Dr. David Mitchell attempted to cross a rural road to access his mailbox as appellant drove down...

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