Ex parte Chaddock (Original)
Annotate this CaseThe issue before the Court of Criminal Appeals in this case was a post-conviction application for writ of habeas corpus brought under Article 11.07 of the Texas Code of Criminal Procedure. Applicant Jesse Chaddock challenged his conviction for aggravated assault on the grounds that it was the product of a successive prosecution following a judgment of conviction for a greater-inclusive offense, in violation of the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. In 2004, the applicant was indicted for the offense of engaging in organized criminal activity. The indictment alleged that as a member of a criminal street gang, he committed aggravated assault "by intentionally, knowingly, and recklessly causing serious bodily injury to DAVID CUNNIFF by striking DAVID CUNNIFF to and against the floor . . . and by striking DAVID CUNNIFF with [his] hand[.]" The same day, the applicant was indicted for aggravated assault. The only difference in the two indictments is that the applicant was alleged to have committed the assault "as a member of a criminal street gang." After a jury trial, the applicant was convicted on the engaging-in-organized-criminal-activity offense and sentenced to nineteen years' imprisonment and a $10,000 fine. He pled guilty and was convicted on the aggravated assault offense, and sentenced to ten years' confinement. The applicant argued on appeal to the Court of Criminal Appeals that his conviction for the aggravated assault offense in should be set aside because his prosecution for that offense, after he was convicted of the greater-inclusive offense violated the Fifth Amendment prohibition against being "subject for the same offence to be twice put in jeopardy of life or limb[.]" Upon review, the Court agreed, and held that the applicant was entitled to relief.
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