Ex Parte Goodbread

In this case, applicant seeks to have 13 indictments, all of which charge him with the offense of aggravated sexual assault, dismissed on jeopardy grounds. While I agree the alleged sexual assaults by digital penetration are not jeopardy barred, I do believe the alleged sexual assaults by intercourse or oral sex are jeopardy barred. Therefore, I concur in part and dissent in part to the judgment of the Court.

I. The Facts

On January 27, 1995, appellant was indicted in a two-paragraph indictment for the offense of aggravated sexual assault in Cause No. 685297. The first paragraph alleged an…