Ex Parte Alfredo Pruitt

OPINION

W. KENNETH LAW, Chief Justice.

In this pretrial habeas corpus proceeding, Alfredo Pruitt seeks to prevent prosecution under a pending indictment on double jeopardy grounds, specifically prior acquittal. The district court denied relief. We will affirm the court’s order in part and reverse it in part. 1

Pruitt was indicted in Caldwell County cause number 2001-065 in April 2001. Count one of the indictment alleged that he committed the offense of sexual assault of a child by penetrating the complainant’s female sexual organ with his penis on or about August 15, 2000, when the complainant…