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KAPPMEYER v. STATE

No. 01-03-00324-CR.

127 S.W.3d 178 (2003)

Darrell Keith KAPPMEYER, Appellant, v. The STATE of Texas, Appellee.

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

October 30, 2003.

Attorney(s) appearing for the Case

Brian W. Wice, Joel M. Androphy, Berg & Androphy, Houston, TX, for Appellant.

Charles A. Rosenthal, Jr., District Attorney—Harris County, Eric Kugler, Assistant District Attorney of Harris County, Houston, TX, for Appellee.

Panel consists of Justices ADELE HEDGES, NUCHIA, and HIGLEY.

OPINION

ADELE HEDGES, Justice.

This is an accelerated appeal from the denial of habeas corpus relief. Appellant was charged with the felony offense of sexual assault of a child. He filed a pretrial application for writ of habeas corpus, asserting that the State was precluded by double jeopardy and collateral estoppel from prosecuting him for the offense charged, based upon the denial of a petition to revoke his probation filed in federal court. Following...

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