Lemuel McNeil v. State ( 2010 )

Opinion issued June 3, 2010.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00435-CR

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Lemuel McNeil, Appellant

V.

State of texas, Appellee

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Case No. 1265506

MEMORANDUM OPINION

          Appellant, Lemuel McNeil, applied for a pretrial writ of habeas corpus contending that his trial in the instant case would violate double jeopardy principles.  The trial court denied the application and the appellant filed this appeal. Appellant also moved for a stay of trial court proceedings pending a decision on this appeal.  We granted the stay.

          Appellant contends that the State’s indictment seeking a deadly weapon finding for the use or exhibition of a deadly weapon, namely fire, during the appellant’s commission of the offense of arson is barred by his prior acquittal on a charge of capital murder.  For the same legal reasons stated in this Court’s opinion in appellant’s prior appeal of a denial of an application for pretrial writ of habeas corpus, we overrule appellant’s sole issue.  See Ex Parte McNeil, 223 S.W.3d 26, 29–32 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d). 

          We    affirm the trial court’s denial of appellant’s application for writ of habeas corpus.  We lift the stay we previously granted and dismiss the State’s pending motion to withdraw stay as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Massengale and Alcala.

Do not publish.   Tex. R. App. P. 47.2(b).