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EX PARTE RODRIGUEZ

No. 07-11-0384-CR.

366 S.W.3d 291 (2012)

Ex parte Eric Dean RODRIGUEZ.

Court of Appeals of Texas, Amarillo, Panel A.

Rehearing Overruled April 20, 2012.

Attorney(s) appearing for the Case

John Bennett , Attorney at Law, Amarillo, TX, for Appellant.

Ramon Gallegos , Terry County Criminal District Attorney, Brownfield, TX, for State.

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

OPINION

PATRICK A. PIRTLE, Justice.

Appellant, Eric Dean Rodriguez, appeals the trial court's order denying his pretrial application for writ of habeas corpus contending he is being subjected to double jeopardy after his first trial ended in a sua sponte order of mistrial. The State contends the trial court did not err because Appellant failed to preserve error by failing to timely object and is, therefore, deemed to have consented to the mistrial...

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