In the trial court's hearing on Appellant's plea in bar in the present case, the State argued that the two offenses occurred at different times and were comprised of different elements.  The trial court stated that “it's very clear from ․ what's been shown to the Court that these are two separate offenses,” and, accordingly, the trial court denied Appellant's plea.  The case proceeded to trial, at which the jury found Appellant guilty.  Appellant timely appealed. v. << (2011)

Court of Appeals of Texas, Waco.

On November 13, 2008, Appellant was arrested for assault family violence against her husband, Puneet Arora.  The affidavit in support of the arrest warrant alleged that Frisco police officers had been dispatched to Appellant's home at 6:26 a.m. on November 5, 2008, in response to a disturbance.  Arora told the officers that during an argument, Appellant had hit him on his arms with the back of her open hand and had grabbed his arms and pulled at his clothing.  Arora reported that he “did not feel pain but was offended by the contact.”  The officers issued Appellant a citation for assault by contact. At 9:30 a.m., one of the officers was again dispatched to Appellant's home in reference to a disturbance.  Arora reported to the officer that Appellant had continued to argue with him in the approximately three hours since the police had left and had struck him with her hands and scratched his chest with her fingernails.  Arora also told the officer that Appellant had at some point gone into the kitchen, turned on a gas burner on the stove, grabbed a lighter, and said that she wanted to die and would burn herself.  Arora called 911, and while he was on the phone, Appellant strangled him by placing her hands around his neck and squeezing.  The officer saw red marks and scratches on Arora's neck and chest.  Based on these facts, the affiant officer believed that Appellant “did intentionally, knowingly, or recklessly cause bodily injury to [Arora], a member of her family, by scratching his neck and chest and by strangling his neck, causing him pain and injury.” On December 15, 2008, Appellant was charged in the case before us, cause number CR–2008–09114–A, with assault family violence against Arora.  The charging instrument alleged that Appellant had, on or about November 5, 2008, intentionally, knowingly, or recklessly caused bodily injury to Arora, a member of her family or household, by grabbing or striking him with her hand. On March 6, 2009, Appellant filed a plea in bar asserting that she already had been charged by complaint in municipal court with the offense of assault and that that complaint contained the same allegation, including the date, as the information in the case before us.  Appellant attached to her plea in bar a copy of the complaint filed in the municipal court case, which alleged that on or about November 5, 2008, she had intentionally and knowingly caused physical contact with Arora by striking his arm with her hand when she knew or should have known that he would regard the contact as offensive and provocative.  The municipal court had placed Appellant on deferred adjudication for assault–physical contact on February 13, 2009. In the trial court's hearing on Appellant's plea in bar in the present case, the State argued that the two offenses occurred at different times and were comprised of different elements.  The trial court stated that “it's very clear from ․ what's been shown to the Court that these are two separate offenses,” and, accordingly, the trial court denied Appellant's plea.  The case proceeded to trial, at which the jury found Appellant guilty.  Appellant timely appealed.

NO. 02–09–00152–CR

Decided: April 25, 2011