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MAYDON v. STATE

No. 13-01-329-CR.

141 S.W.3d 851 (2004)

James Arthur MAYDON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing Overruled September 16, 2004.

Attorney(s) appearing for the Case

David W. Hartmann, Asst. County Cr. Dist. Atty., Yolanda De Leon, Dist. Atty., Brownsville, for appellant.

Larry Warner, Brownsville, for appellee.

Before Chief Justice VALDEZ and Justices RODRIGUEZ and AMIDEI.

OPINION

Opinion by Justice AMIDEI (Assigned).

James Arthur Maydon, applicant, pled not guilty to an indictment of aggravated sexual assault. A jury was selected and sworn and the trial commenced on February 5, 2001, but ended on February 9, 2001, the fifth day of the trial, when the trial judge sua sponte declared a mistrial over applicant's objection. After declaring the mistrial, the trial judge stated that the case would be reset for trial. Prior to a...

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