Tex. Code Crim. Proc. art. 27.05

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 27.05 - Defendant's Special Plea

A defendant's only special plea is that he has already been prosecuted for the same or a different offense arising out of the same criminal episode that was or should have been consolidated into one trial, and that the former prosecution:

(1) resulted in acquittal;

(2) resulted in conviction;

(3) was improperly terminated; or

(4) was terminated by a final order or judgment for the defendant that has not been reversed, set aside, or vacated and that necessarily required a determination inconsistent with a fact that must be established to secure conviction in the subsequent prosecution.

Tex. Code Crim. Proc. § 27.05

Amended by Acts 1973, 63rd Leg., p. 969, ch. 399, Sec. 2(A), eff. 1/1/1974.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. 1/1/1966.