Court of Criminal Appeals of Texas

The State of Texas, Appellant v. Raul Sergio Torres, Appellee

January 30, 1991805 S.W.2d 418

Summary

The Court of Criminal Appeals of Texas affirmed the Court of Appeals' decision that, in a bench trial, jeopardy attaches when both parties announce readiness and the defendant enters a plea of not guilty under the Texas Constitution. Accordingly, the State's second indictment was barred by double jeopardy, and the State's petitions for discretionary review were overruled. A concurring opinion joined the judgment and addressed ancillary procedural observations.