Castillo, Ex Parte Thomas Edward

OPINION

Hervey, J .,

delivered the opinion of the Court

in which Keller , P.J., and Meyers, Johnson, Keasler, Alcala, Richardson , and Newell, JJ., joined.

The question in this case is whether the successive prosecution of Thomas Edward Castillo, Appellant, for burglary and aggravated assault is jeopardy barred because of his prior acquittal for capital murder. Because we hold that the burglary charge is jeopardy barred, but the aggravated assault is not, we will affirm the judgment of the court of appeals in part and reverse it in part.

Facts and procedural history

In 2000, Appellant married Carol…