Haight v. State

OPINION

The question presented is whether the court of appeals erred in holding that appellant’s conviction for official oppression in this case is barred by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. 1 We hold that the court of appeals erred.

We begin our discussion with a review of the relevant facts: A La Salle County grand jury presented two indictments charging appellant, then a sergeant in the Texas Department of Public Safety, with official oppression under Texas Penal Code § 39.03(a)(1). 2 , 3 The first mdictment alleged that appellant, on or…