Daniel Rodriguez v. State Texas

Appellant was convicted by a jury of indecency with a child and his punishment was assessed at seven years confinement, probated, and a $5000.00 fine. On appeal he contended, inter alia, that the trial court erred to continue on with his trial after having granted a mistrial in the cause. The Texarkana Court of Appeals agreed, holding that once the trial court granted the mistrial, it was without authority to rescind that order, and reversed. Rodriguez v. State, 834 S.W.2d 610 (Tex.App. - Texarkana 1992). We granted the States petition for discretionary review to determine the novel question whether the trial court had authority to rescind its grant of a mistrial. Tex.R.Cr.Pro., Rule 200(c)(2).