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

Summary

The Court of Criminal Appeals of Texas affirmed the lower court's decision that, in a bench trial, jeopardy attaches when both parties announce readiness and the defendant enters a plea of not guilty, thereby barring a second prosecution for the same offense. The Court rejected the State's argument to adopt federal dicta that jeopardy attaches only after the first witness is sworn, and it found no need to address manifest necessity because the first trial ended by dismissal, not mistrial.