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Texas statute

Tex. Code Crim. Proc. art. 27.05 — Defendant's special plea

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 27: THE PLEADING IN CRIMINAL ACTIONS, Texas Code of Criminal Procedure.

Full text of Tex. Code Crim. Proc. art. 27.05

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Code Crim. Proc. art. 27.05Primary source, current through the 89th Legislature, 2nd Called Session (2025)
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.

Official sources

This reference is informational and is not legal advice.