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ORTEGA v. STATE

No. PD-0819-04.

171 S.W.3d 895 (2005)

Robert Lee ORTEGA, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

September 14, 2005.

Attorney(s) appearing for the Case

Randy Mack, Corpus Christi, for Appellant.

Jeffrey L. Van Horn, First Asst. S.A., Matthew Paul, State's Attorney, Austin, for State.

Before the court en banc.

WOMACK, J., delivered the opinion of the Court, in which KELLER, P.J., and JOHNSON, KEASLER, HERVEY and HOLCOMB, JJ., joined.

The issue in this case is whether a trial for assault of a public servant, after the defendant had been tried for resisting an arrest by the same public servant, denied the defendant Due Process of Law by violating the Double Jeopardy Clause of the Fifth Amendment ("No person shall . . . be subject...

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