Baggett v. State

In Baggett v. State, 860 S.W.2d 207 (Tex. App.--Houston 1st Dist. 1993, no pet.), Grady Baggett, at the same time and place, approached four people--two children and two adults--and exposed his genitals to all of them. Id. at 208. After he pleaded guilty to one count of indecent exposure with respect to one of the adults, he was indicted for two counts of indecency with a child by exposure--one count for each child. Id. Baggett filed a pre-trial motion to dismiss the indictment on the ground that because he had already pleaded guilty to one count of indecent exposure and, because double jeopardy barred prosecution for both counts of indecency with a child by exposure. Id. The trial court denied the motion to dismiss, and after pleading nolo contendere to both counts of indecency with a child by exposure, Baggett appealed the two convictions for indecency with a child by exposure, arguing that his conviction for one count of indecent exposure precluded subsequent prosecution for two counts of indecency with a child by exposure. Id. In rejecting this argument, the appellate court stated: "The State would have been justified in indicting, prosecuting, and punishing Baggett for four acts of indecent exposure or two acts of indecent exposure and two acts of indecency with a child. The essence of this multiple prosecution is that each offense required proof of a fact that the others did not: the identity of the victim. Because each victim in the two convictions was different, each conviction was based on a separate offense. Therefore, Baggett's right to be protected against multiple prosecutions and punishments for the same offense was not violated." Id. at 209.