720 S.W.2d 93 | Tex. Crim. App. | 1986
The State successfully petitioned
The Supreme Court, in reversing the judgment of this Court (on the State’s motion for rehearing), held that under the facts of this case, there was no presumption of vindictiveness. Consequently, in this case, the North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), presumption was inappropriate. 475 U.S. -, 106 S.Ct. 976, 89 L.Ed.2d 104, at 111 (1986).
Accordingly, the judgment of the trial court is affirmed.
. This Court originally heard this case on its own motion. McCullough v. State, 720 S.W.2d 89 (Tex.Cr.App.1983).
Subsequently, we handed down an opinion on the State’s motion for rehearing. McCullough v. State (Tex.Cr.App., Dec. 5, 1984). It is this opinion that was before the United States Supreme Court.