EX PARTE MASONHEIMER

No. PD-521-05.

220 S.W.3d 494 (2007)

Ex Parte James S. MASONHEIMER, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 2, 2007.


Attorney(s) appearing for the Case

Colby D. Smith, Fort Worth, for Appellant.

Patricia K. Dyer, Asst. D.A., Abilene, Matthew Paul, State's Attorney, Austin, for State.


OPINION

HERVEY, J., delivered the opinion of the Court in which MEYERS, PRICE, JOHNSON, KEASLER, and HOLCOMB, JJ., joined.

Almost six years ago, appellee was charged with murder. The State seeks to try him a third time after the first two proceedings were terminated prior to final judgment at appellee's request. Viewed in the light most favorable to the trial court's ruling, the evidence supports a finding that appellee's mistrial motions, which resulted...

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