IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

---

NO. 1087-03

---

EX PARTE ROBBIE GOODMAN, Appellant

---

FROM THE TWELFTH COURT OF APPEALS

CHEROKEE COUNTY

---

Keller, P.J., filed a concurring opinion.

CONCURRING OPINION

I join the opinion of the Court except to the extent that it specifies a particular procedure for protecting appellant from violation of his double jeopardy rights. The State should be prohibited from putting on evidence of a single theft that could have been proved under the original indictment. But jeopardy has not attached to the "the one constituent theft offense that most closely resembles" the one plead (whatever that might mean) or any other particular theft that the State could have proved under the indictment. To suggest that the procedure mandated by the Court is the only proper procedure is contrary to our on-or-about jurisprudence.

KELLER, P.J.

DATE FILED: October 20, 2004

PUBLISH