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Ellis v. State

Under the circumstances, the defendant's guilty plea to a charge of felony cruelty to children barred his subsequent prosecution for aggravated assault arising from the same incident.

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Benjamin Martin Ellis appeals from the trial court’s denial of his Motion to Dismiss and Plea in Bar, alleging that the trial court erred in concluding that his prosecution for murder and aggravated assault was not barred by double jeopardy. For the reasons that follow, we affirm in part and reverse in part. The record reveals that, on July 23, 2001, Ellis was arrested for repeatedly shaking Kayla McCoy, a child, which resulted in serious injuries to McCoy. In connection with the shaking incident, on February 22, 2002, Ellis pled guilty to one count of felony cruelty to children and was sentenced to fifteen years. Subsequent to the entry of the plea, however, McCoy died, allegedly as a result of the injuries she sustained from the shaking incident.

On June 3, 2008, Ellis was charged with malice murder, felony murder, and aggravated assault in connection with the July 23, 2001 shaking incident

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