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EX PARTE LEWIS

No. PD-0577-05.

219 S.W.3d 335 (2007)

Ex parte Swanda Marie LEWIS, Applicant.

Court of Criminal Appeals of Texas.

Rehearing Denied April 18, 2007.

Attorney(s) appearing for the Case

Danny Burns, Fort Worth, TX, for Appellant.

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

OPINION

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

In Oregon v. Kennedy, the United States Supreme Court held that the Fifth Amendment's Double Jeopardy Clause barred retrial after a defendant successfully moved for mistrial only when it was shown that the prosecutor engaged in conduct that was "intended to provoke the defendant into moving for a mistrial."

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