Evans v. State

OPINION

In this case, we must determine whether the principles of double jeopardy prohibit the State from obtaining two convictions— indecency with a child 1 and aggravated sexual assault of a child 2 - — based on a single act of molestation. Given the particular circumstances of this case, we affirm the court of appeals which had held that appellant’s double jeopardy rights were violated.

Background

In a two-count indictment, appellant Timothy K. Evans was charged with aggravated sexual assault of a child and indecency with a child by contact, committed against the same victim and on the same…