State v. Torres

In State v. Torres, 805 S.W.2d 418 (Tex. Crim. App. 1991), the defendant filed a motion arguing that his trial was barred by double jeopardy. The judge ruled on the motion after discussing the events of the previous trial with the prosecutor and defense counsel. On appeal, the State argued that the defendant's double jeopardy claim had to fail because he did not introduce any evidence to support it. The Court disagreed. The Court noted that while the defendant did not introduce evidence on the motion, "the State did not object to the format of the hearing or the manner in which the Court made its findings. In fact, the State readily participated in the proceedings." Id. at 421. Moreover, the Court concluded that "where a plea of jeopardy is before the same court and judge," the "requirements concerning the plea are relaxed." Id.