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GARZA v. STATE

No. 01-07-00740-CR.

276 S.W.3d 646 (2008)

David GARZA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

December 18, 2008.

Attorney(s) appearing for the Case

Michael Pena, Houston, TX, for appellant.

Bridget Holloway, Assistant District Attorney-Harris County, Houston, TX, for appellee.

Panel consists of Justices TAFT, KEYES, and ALCALA.

OPINION

ELSA ALCALA, Justice.

We sua sponte withdraw our opinion and judgment issued October 30, 2008 and replace them with this opinion and judgment. See TEX.R.APP. P. 50. Appellant, David Garza, appeals from the trial court's order denying his pretrial application for writ of habeas corpus that sought relief from double jeopardy in trial court cause number 1475517. See TEX.CODE CRIM. PROC. ANN. art. 11.08 (Vernon 2005). In this appeal,

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