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GALLEMORE v. STATE

No. 2-08-481-CR.

312 S.W.3d 156 (2010)

Robert John GALLEMORE, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

April 15, 2010.

Attorney(s) appearing for the Case

Ben Leonard, Fort Worth, TX, for Appellant.

Gregory Preston Lowery, District Attorney and Paige McCormick, Assistant District Attorney for Wise County, Decatur, TX, for State.

PANEL: LIVINGSTON, DAUPHINOT, and GARDNER, JJ.

OPINION

ANNE GARDNER, Justice.

I. Introduction

We must decide in this appeal whether double jeopardy bars retrial of a defendant when, following the defendant's guilty plea, the trial court granted a mistrial and dismissed the case because of an alleged jurisdictional defect in the indictment. We hold that, under the circumstances presented by this case, the answer is "no." Accordingly, we affirm the trial court's judgment.

II. Background...

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