432 S.W.3d 457
Tex. App.2014Background
- Castillo faced capital-murder (Cause no. 2010-CR-11316) and burglary charges arising from the same August 15, 2010 incident with Rogelio Nava.
- Cause no. 2010-CR-11317 charged burglary and aggravated assault against Carol Sanchez and Nava-related burglary.
- The trial court denied defense requests to consolidate the two indictments and to require the State to specify the burglary underlying the capital-murder charge.
- The capital-murder trial proceeded first; Castillo was acquitted, and the burglary/aggravated assault case proceeded separately.
- Castillo then sought a pretrial writ of habeas corpus arguing that prosecuting the burglary and aggravated assault counts would violate double jeopardy; the trial court denied relief and this appeal followed.
- The reviewing court held that the Double Jeopardy Clause barred the State from prosecuting Counts I and II and remanded with instructions to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the burglary count is a lesser-included offense of capital murder after acquittal | Castillo argued it is a lesser-included offense | State argued no election and broad indictment allowed multiple theories | Counts I–II barred by double jeopardy |
| Whether aggravated assault of Sanchez is a lesser-included offense of capital murder given the lack of election | Castillo claims Sanchez assault is within the capital murder theory | State contends no election but broad indictment allowed broad theory | Prosecution barred due to lack of election; jeopardy-barred |
| Whether the State could prosecute the two remaining counts without violating double jeopardy under Blockburger | Castillo asserts same-entry/one-unit theory | Double jeopardy bars prosecution; dismissal ordered |
Key Cases Cited
- Ex parte Cavazos, 203 S.W.3d 333 (Tex. Crim. App. 2006) (unit-of-prosecution in burglary is the unlawful entry)
- Ex parte Goodbread, 967 S.W.2d 859 (Tex. Crim. App. 1998) (jeopardy bar when evidence supports multiple offenses and no election)
- Ex parte Pruitt, 233 S.W.3d 338 (Tex. Crim. App. 2007) (state may be barred when no election and multiple offenses shown)
- Ex parte Denton, 399 S.W.3d 540 (Tex. Crim. App. 2013) (Double Jeopardy against second prosecution after acquittal/conviction)