Ex Parte David Infante v. The State of Texas--Appeal from 402nd Judicial District Court of Wood County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00022-CR

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EX PARTE: DAVID INFANTE

On Appeal from the 402nd Judicial District Court

Wood County, Texas

Trial Court No. 16,843-2001-A

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

David Infante was charged in six separate cases: there were four separate indictments charging him with aggravated sexual assault, and there were two separate indictments charging him with indecency with a child. The State elected to try the cases separately and first proceeded in trial court cause number 16,843-2001-A. The jury found Infante "not guilty" of aggravated sexual assault in that case. Infante subsequently filed applications for pretrial writs of habeas corpus, alleging that collateral estoppel and double jeopardy principles barred prosecution of the remaining five cases. The trial court denied relief in each case, and Infante now appeals.

This appeal concerns only the charge of indecency with a child in trial court cause number 16,844-2001-A. The five causes were appealed separately, but the parties have briefed the issues together.

Since the briefs and arguments raised therein are identical in each appeal, for the reasons stated in Ex parte Infante, No. 06-04-00020-CR, we likewise affirm the trial court's judgment.

Jack Carter

Justice

Date Submitted: November 4, 2004

Date Decided: November 5, 2004

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