Grant v. State - 3rd COA

Where the trial court imposes a valid sentence, withdraws it, and imposes a harsher sentence after considering enhancements, double jeopardy is not violated. Because the defendant was required to be sentenced as a habitual offender, the initial sentence was not valid and lawful when it was pronounced and double jeopardy does not apply. In addition, a trial court may modify a sentence if the modification is made on the same day as the assessment of that sentence and before court adjourns for the day. Grant v. State, 03-06-00765-CR.