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BRITO CARRASCO v. STATE

No. PD-0173-04.

154 S.W.3d 127 (2005)

Oscar BRITO CARRASCO, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

January 19, 2005.

Attorney(s) appearing for the Case

Mike Barclay, Alpine, for Appellant.

Frank D. Brown, District Atty., Alpine, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

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

The issue in this case is whether a waiver and stipulation of evidence agreed to by an appellant may be binding on him, over his objection, at a subsequent trial for the same offense, after his first trial ends in a mistrial. We hold that the admission of a stipulation in the subsequent trial is left to the sound discretion...

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