Ex parte Bessie Tekila Martin

Summary

The Texas Court of Appeals, Second Appellate District, reviews Bessie Tekila Martin’s appeal from the denial of a pretrial application for writ of habeas corpus. Martin argues that prosecution in Parker County is barred by double jeopardy and Texas Penal Code section 12.45 because a Tarrant County court allegedly considered the same unadjudicated offenses when adjudicating her guilt and imposing sentence. The court concludes that the record is insufficient to determine whether the offenses were taken into account or whether the required prosecutorial permission was obtained, and remands for further development of the record.

Holdings

1. A double-jeopardy claim may be raised through a pretrial application for a writ of habeas corpus.
2. The existing record was inadequate to determine whether the Tarrant County court took the Parker County offenses into account under section 12.45 or whether Martin's further prosecution was barred.
3. Martin, as the habeas applicant, bore the burden to establish that the Tarrant County court obtained the permission required by section 12.45(b); the silent record did not support presuming that permission was obtained.
4. The existing record was inadequate to determine whether Tarrant County had venue for the offenses based on the locations where the debit card was allegedly used.

Questions Presented

1. Whether Martin's double-jeopardy claim based on Texas Penal Code section 12.45 was cognizable through a pretrial writ of habeas corpus.
2. Whether the existing record established that the Tarrant County court took the Parker County offenses into account in sentencing Martin under section 12.45.
3. Whether the record established that the Tarrant County court obtained the permission required by section 12.45(b) before taking into account offenses over which another county allegedly had exclusive venue.
4. Whether the record established that Tarrant County had venue for the Parker County offenses.

Disposition

remanded