Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
appeal from the 24th District Court of Victoria County,
Justices Contreras, Benavides and Longoria
L. LONGORIA Justice
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. We affirm.
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.
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
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.
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. Following a hearing, the trial
court granted Maldonado's petition and dismissed the
indictment. This appeal followed.
State argues in one consolidated issue that the trial court
was wrong to conclude that prosecuting Maldonado on the
second indictment would violate double jeopardy because each
alleged violation of section 25.072 was a distinct unit of
Standard of Review
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.).