Montoya v. State

OPINION

DORSEY, Justice.

Appellant was indicted and convicted by a jury of three offenses all arising from the same criminal transaction: aggravated robbery, aggravated kidnapping and aggravated sexual assault. In its charge to the jury on punishment, the trial court instructed the jury that, where a defendant is charged with multiple offenses in the same indictment and the offenses were alleged to have been committed during the same transaction, the defendant may receive only one conviction and one punishment. Thus, in this case, appellant could be convicted only of aggravated robbery as…