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ARCHIE v. STATE

No. 10-04-00153-CR.

181 S.W.3d 428 (2005)

Julius ARCHIE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled January 3, 2006.

Attorney(s) appearing for the Case

John A. Kuchera, Waco, for appellant.

John W. Segrest, McLennan County Dist. Atty., Waco, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

FELIPE REYNA, Justice.

A jury convicted Julius Archie of family violence assault (a felony) and misdemeanor assault. The jury assessed his punishment at ten years in prison for the felony and one year in jail for the misdemeanor. Archie contends in two issues that: (1) he was punished twice for the same offense in violation of the prohibition against double jeopardy; and (2) the court abused its discretion by denying his motion for mistrial during...

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