Ex Parte Ramirez

919 S.W.2d 435, 1996 Tex. Crim. App. LEXIS 41, 1996 WL 166737

Opinions

OPINION ON APPLICANT’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

This prosecution arose from an automobile accident in which applicant caused the deaths of two -victims. Applicant was convicted of involuntary manslaughter for causing the death of one of the victims. The State is now seeking to prosecute applicant for the death of the other victim. See Ex parte Rathmell, 717 S.W.2d 33 (Tex.Cr.App.1986). Applicant filed a pretrial writ of habeas corpus in which he claimed the second prosecution violated the double jeopardy clauses of the Federal and State Constitutions. The trial court denied refief. Applicant appealed to the El Paso Court of Appeals which also denied relief. Ramirez v. State, 895 S.W.2d 405 (Tex.App.—El Paso 1994). We granted applicant’s petition for discretionary review to address the Court of Appeals’ determination that the current prosecution does not violate the double jeopardy clause of Article I, Section 14, of the Texas Constitution.

We now find that our decision to grant applicant’s petition for discretionary review was improvident. Tex.RApp.Pro. 200(k). Applicant’s petition for discretionary review is dismissed.