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EX PARTE DIXON

No. 2-97-478-CR.

964 S.W.2d 719 (1998)

Ex parte Bryant Dwayne DIXON.

Court of Appeals of Texas, Fort Worth.

Discretionary Review Refused April 29, 1998.

Attorney(s) appearing for the Case

William H. Bill Ray, Law Office of William H. Bill Ray, Fort Worth, for appellant.

Tim Curry, Criminal Dist. Atty., Charles M. Mallin, Chief of the Appellate Section, Curtis Jenkins, Leslie Hardy, Michael Casillas, Asst. Criminal Dist. Attys., Fort Worth, for appellee.

Before CAYCE, C.J., and DAY and HOLMAN, JJ.

OPINION

DAY, Justice.

The sole issue in this appeal is whether double jeopardy bars retrying Appellant Bryant Dwayne Dixon for murder after the trial court granted Dixon's motion for mistrial in the first proceeding. Because Dixon had the burden of proof at the habeas hearing to show that the mistrial was required and because we find that he failed to meet this burden, we affirm the trial court's denial of his writ requesting habeas relief.

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