Legal Opinion
Ex Parte Amador
Court of Criminal Appeals of Texas
Decided October 13, 2010No. PD-1072-09PublishedCited by 77 opinions
1Opinion of the CourtHolcomb, J.
in which MEYERS, PRICE, JOHNSON and COCHRAN, JJ., joined.
OPINION
The question presented in this case is whether double jeopardy prohibits the State from obtaining a conviction for an offense when the defendant has previously been convicted of a lesser-included offense of that offense. We hold that it does. We must also determine the continuing validity of our holding in Briceno v. State, 580 S.W.2d 842 (Tex.Crim.App.1979), that the offense of indecent exposure1 is a lesser-included offense of the offense of indecency with a child by exposure.2 Id. at 844. We reaffirm that holding.
Background
On…
2Cases cited9 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Brown v. OhioSupreme Court of the United States · 1977
- Hall v. StateCourt of Criminal Appeals of Texas · 2007
- Ball v. United StatesSupreme Court of the United States · 1985
- Parrish v. StateCourt of Criminal Appeals of Texas · 1994
4 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- SWEED v. StateCourt of Criminal Appeals of Texas · 2011
- Denton, Ex Parte William CharlesCourt of Criminal Appeals of Texas · 2013
- Harris, Owen ThomasCourt of Criminal Appeals of Texas · 2011
- Castillo, Ex Parte Thomas EdwardCourt of Criminal Appeals of Texas · 2015
- Lidio Barrios v. State, Texas Court of Appeals, 6th District (Texarkana)2012
72 more not listed; retrieve them via the Exa API.