Ex Parte Pruitt

OPINION

A jury acquitted appellant of one count of sexual assault and another count of aggravated sexual assault of the same child (“complainant”), who was appellant’s step-daughter. Appellant was subsequently charged in a two-count indictment with sexual assault of the complainant. The issue in this case is whether the offenses charged in this subsequent indictment are jeopardy-barred. We hold that double- jeopardy principles prohibit prosecution for any of the offenses that were incidental to or “subsumed” within the offenses for which appellant was acquitted in the prior trial.

In April…