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State v. Davis

The trial court erred in granting the defendant's double jeopardy plea in bar, because the charges alleged in the indictment at issue did not arise from the same conduct as the charges to which the defendant had previously pleaded guilty.

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Two months after Chad Alan Davis pled guilty to 25 counts of sexual exploitation of children, he was charged in an second indictment with one count of sexual exploitation of children and two counts of child molestation. Davis filed a plea in bar, asserting that his prior guilty plea precluded prosecution for these additional counts, and the trial court granted the motion. The State appeals, contending that the trial court erred by granting the plea in bar because the charges alleged in the second indictment were not part of the same conduct as that alleged in the initial indictment.1 We agree and reverse.

On appeal from the grant or denial of a double jeopardy plea in bar, we review the trial court’s oral and written rulings as a whole to determine whether the trial court’s findings support its conclusion.2 We review the trial court’s application of the law to undisputed facts de novo.3

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