The opinion
ODOM, Judge,
concurring.
I concur in the denial of relief to petitioner. Ex parte McWilliams, 632 S.W.2d 574 (1982).
Reference by the majority to Ashe v. Swenson, 397 U.S. 436 , 90 S.Ct. 1189 , 25 L.Ed.2d 469 , is uncalled for under the facts in this case. In Ashe the prior acquittal of the defendant invoked the doctrine of collateral estoppel, prohibiting the subsequent relitigation of an issue that had been decided in his favor. In this case petitioner was convicted in both cases; no issue in the first case had been decided in his favor. The doctrine of collateral estoppel is irrelevant to today’s decision.
I concur in the results only.
TOM G. DAVIS, DALLY, W. C. DAVIS and McCORMICK join this opinion.