State v. Maldonado

523 S.W.3d 769, 2017 WL 1281323, 2017 Tex. App. LEXIS 2975
CourtCourt of Appeals of Texas
DecidedApril 6, 2017
DocketNUMBER 13-16-00317-CR
StatusPublished
Cited by3 cases

This text of 523 S.W.3d 769 (State v. Maldonado) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Maldonado, 523 S.W.3d 769, 2017 WL 1281323, 2017 Tex. App. LEXIS 2975 (Tex. Ct. App. 2017).

Opinion

OPINION

Opinion by

Justice Longoria

The State of Texas appeals an order granting appellee Christopher Ray Maldonado’s pretrial petition for a writ of habeas corpus and dismissing the indictment against him as barred by double jeopardy.1 We affirm.

I. Background

In June 2015, Maldonado was charged with an offense involving family violence and released on bond. Certain conditions of his bond required him to avoid contacting the complainant in the case or going near her residence. Two months later, the State charged Maldonado in cause number 15-08-28904-A with violating the conditions of his bond “in a family violence case, related to the safety of the victim” two or more times in a period of twelve months or less. See Tex. Penal Code Ann. § 25.072(a) (West, Westlaw through 2015 R.S.). The indictment specifically alleged that on or about July 7, 2015 Maldonado communicated with the complainant on June 7,2015 by phone and in person.

Maldonado pled not guilty, and a jury was empaneled and sworn. After reading the indictment aloud, the prosecutor representing the State moved to amend the indictment so that it would allege the violations occurred on July 7, 2015 instead of June 7. The prosecutor specifically informed the court that the date of June 7 was an error and that the correct date was July 7. The trial court denied the State’s motion. The State moved to dismiss the indictment, and the trial court granted the motion.

The State later charged Maldonado under cause number 15-10-28976-A with another violation of section 25.072. This second indictment alleged that on or about the “7th day of July, 2015; 14th day of April, 2015” Maldonado violated the conditions of his bond “in a family violence case, related to the safety of the victim” by communicating by phone and again in person with the same complainant alleged in the previous indictment. The second indictment further alleged that Maldonado violated the conditions of his bond a third time by going near the same complainant’s residence. Despite the mention of April 14 in the indictment, all three violations allegedly occurred on July 7, 2015.

Maldonado filed a petition for a writ of habeas corpus alleging that prosecuting him under the second indictment would subject him to a second prosecution for the same offense in violation of his double jeopardy rights.2 Following a hearing, the trial court granted Maldonado’s petition and dismissed the indictment. This appeal followed.

[773]*773II. Discussion

The State argues in one consolidated issue that the- trial court was wrong to conclude that prosecuting Maldonado on thé seeond indictment would violate double jeopardy because each alleged violation of séction 25.072 was a distinct unit of prosecution.

A. Standard of Review

We review a trial court’s ruling on a petition for habeas corpus for an abuse of discretion. Kniatt v. State, 206 S.W.3d 657, 664 (Tex. Crim. App. 2006). In conducting this review, we give almost total- deference to the trial court’s findings of fact which are supported by the record but review de novo the court’s determination of the law and its application of the law to the facts. Ex parte Cantu, 120 S.W.3d 519, 520 (Tex. App.—Corpus Christi 2003, no pet.).

B. Applicable Law

The Fifth Amendment provides that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” U.S. Const, amend. V. This constitutional guarantee protects a defendant against: (1) a second prosecution for the same offense after an acquittal; (2) a second prosecution for the same offense after a conviction; and (3) the imposition of multiple punishments for the same offense. Brown v. Ohio, 432 U.S. 161, 165, 97 S.Ct. 2221, 53 L.Ed.2d 187 (1977); Ex parte Amador, 326 S.W.3d 202, 205 (Tex. Crim. App. 2010). This case concerns the protection against a second prosecution after an acquittal.

As a general rule, the State “is entitled to one, and only one, opportunity to require an accused to stand trial.” Ex parte Goodman, 152 S.W.3d 67, 71 (Tex. Crim. App. 2004) (quoting Arizona v. Washington, 434 U.S. 497, 505, 98 S.Ct. 824, 54 L.Ed.2d 717 (1978)). This “constitutional policy of finality for the defendant’s benefit” protects the accused both from attempts to relitigate the facts underlying a prior acquittal: and attempts to secure additional punishment after a prior conviction and sentence. Brown, 432 U.S. at 165-66, 97 S.Ct. 2221. As relevant here, this policy means that when a trial court dismisses an indictment at the State’s request after jeopardy has attached, the State may not prosecute the defendant again for the same offense. Ex parte Goodman, 152 S.W.3d at 71. Jeopardy attaches in a jury trial when the jury is empaneled and sworn. Id. at n. 6.

To prevail on a successive-prosecution claim the defendant must show that the offenses at issue are the same in law and fact. Ex parte Castillo, 469 S.W.3d 165, 169 (Tex. Crim. App. 2015). When the samé statutory provision is at issue, the Blockburger3 same-elements test for determining whether two offenses are legally the same necessarily ends in the defendant’s favor. Ex parte Benson, 459 S.W.3d 67, 73 (Tex. Crim. App. 2015); Ellison v. State, 425 S.W.3d 637, 644 n.5 (Tex. App.— Houston [14th Dist.] 2014, no pet.). We determine whether offenses are factually the same by ascertaining the allowable unit of prosecution for the offense and reviewing the trial record to determine how many units have been shown. Ex parte Castillo, 469 S.W.3d at 169. The allowable unit of prosecution “is a distinguishable discrete act that is a separate violation of the statute.” Ex parte Hawkins, 6 S.W.3d 554, 556 (Tex. Crim. App. 1999). Ascertaining the .allowable unit of prosecution is purely a matter of statutory construction. Ex parte Benson, 459 S.W.3d at 73-74. “After reviewing the record, if a [774]*774court concludes that the offenses are based on the same unit of prosecution, then the offenses are factually the same for successive prosecution purposes.” Ex parte Castillo, 469 S.W.3d at 169.

C. Sections 25.07 and 25.072

Section 25.07 of the Texas Penal Code provides that a person commits an offense by intentionally or knowingly engaging in certain specified conduct

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523 S.W.3d 769, 2017 WL 1281323, 2017 Tex. App. LEXIS 2975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-maldonado-texapp-2017.