Court of Appeals of Texas January 20, 2000, No. 01-99-00263-CR (Ex parte Padron)

OPINION

DAVIE L. WILSON, Justice.

Appellant Dwain Padrón filed a pretrial application for a writ of habeas corpus based on a claim of double jeopardy. The trial court denied the requested relief. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND1

On December 28, 1996, James Berner and his wife, Susie Berner, were closing their fireworks stand when appellant approached them and held a gun to Mrs.