Cooper v. State

KELLER, P.J.,

filed a concurring opinion in which JOHNSON, J., joined.

This case presents “an exceedingly complex double-jeopardy question” 1 regarding whether the State may obtain two aggra*428vated robbery convictions involving the same victim and the same transaction. At issue is whether the State may obtain a conviction for aggravated robbery by “threat” and a conviction for aggravated robbery by causing bodily injury. Had one of those two convictions been for the lesser-included offense of aggravated assault instead (the bodily injury count), this case would have been legally indistinguishable…