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Ex parte Cantu

Because the jury did not return an answer to both charges presented to it, there was no verdict in this case. Corpus Christi Court of Appeals, No. 13-03-003-CR

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OPINION

Appellant, Octabiano Cantu, Jr., challenges the trial court’s denial of relief on his petition for a writ of habeas corpus. Appellant currently stands indicted for aggravated sexual assault on a child,*fn1 but he claims that in an earlier trial, he was acquitted of the offense giving rise to the indictment. In a pre-trial habeas corpus petition, appellant asked the trial court to bar the State from prosecuting him for aggravated sexual assault on the grounds that it would constitute double jeopardy.*fn2 The court held a habeas hearing but ultimately denied relief. Appellant now challenges that denial of relief. After reviewing the record, we conclude that relief is improper because appellant does not face double jeopardy. We affirm the trial court’s decision.

In evaluating a challenge to a trial court’s decision on a habeas corpus petition, we view the facts in the light most favorable to the court’s ruling, and absent an abuse of discretion, we will uphold the challenged ruling. Ex parte Kubas, 83 S.W.3d 366, 368 (Tex. App.-Corpus Christi 2002, pet. ref’d). We give the trial court almost total deference with regard to findings of historical fact supported by the record, but we give de novo review to the trial court’s determination of the law as well as its application of the law to the facts. Id. at 368-69.

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