D is charged with Assault of a Public Servant in District Court and Resisiting Arrest in County Court out of the same incident,

In District Court D pleds to Resisting Arrest. Any way to continue prosecution on the County Court Case. We looked at it and can not see a way to do it.

Is your recitation of the history reversed? Do you mean he pleaded to Resisting in County Court and now you want to proceed on the felony? Is that your question?

The issue in this case is whether a trial for assault of a public servant, after the defendant had been tried for resisting an arrest by the same public servant, denied the defendant Due Process of Law by violating the Double Jeopardy Clause of the Fifth Amendment ("No person shall . . . be subject for the same offence to be twice put in jeopardy of life or limb"). We hold that the offenses were not "the same offence" under the Double Jeopardy Clause.


Ortega v. State, 171 S.W.3d 895, 895-96 (Tex. Crim. App. 2005)

LB's in court, but the answer is no.

Def. was charged w/Ass Pub Servant in District court and it was reduced to Resisting. The Def. pled and I believe was sentenced.

There is a Resisting Arrest, which arose from the same incident, pending in County court being prosecuted by the County Attorney's office.

The question was whether or not there is any way that the County Atty's case is NOT now barred by double jeopardy?

I think the answer would be that prosecution is barred.

You have multiple officers at the scene and he assaulted one and resisted the other, it might fly.

If there was only one act of resisting, there can only be one conviction for resisting arrest.

Also, how is resisting arrest a lesser included offense of assault of a public servant?