This question has been addressed in 1 Texas court opinion:
COA02 — February 5, 2026
In Ex parte Martin, the Second Court of Appeals addressed a double jeopardy challenge where a defendant claimed that out-of-county offenses were barred from prosecution because they had been 'taken into account' during a prior sentencing in another county under Texas Penal Code Section 12.45. While the court acknowledged that a valid Section 12.45 agreement bars subsequent prosecution for the admitted conduct, it found the record in this case insufficient to verify which specific offenses were included in the prior plea. Consequently, the court held that a defendant must provide a complete factual record—including the specific list of unadjudicated offenses—to sustain such a claim and remanded the case for further evidentiary development.
Litigation Takeaway
“In family law litigation, a spouse's criminal 'Judgment' is often just the tip of the iceberg; to effectively prove fault or waste of community assets, practitioners must subpoena the full 'plea packet' and the 'Section 12.45 list' to secure a binding judicial confession of the underlying misconduct.”