In Ex parte Granger, 850 S.W.2d 513, 515 (Tex. Crim. App. 1993), the Court of Criminal Appeals determined that a defendant whose conviction for capital murder was reversed could be retried for murder . The court reversed the capital murder conviction because the evidence was insufficient to prove the element of remuneration. Id. Because the original jury charge included the lesser offense of murder, the court concluded double jeopardy did not bar a later prosecution for murder. Id. The court reasoned that because appellant had never been acquitted of murder, the rationale supporting the rule barring retrial following acquittal did not apply to Granger's reprosecution for murder. Id. at 519.