Legal Opinion

Ex parte Mitchell

Court of Criminal Appeals of Texas

Decided October 11, 1978No. 59193PublishedCited by 3 opinions

1Opinion of the Court

OPINION

ODOM, Judge.

This is a post-conviction habeas corpus application. Petitioner was convicted in 1973 on pleas of guilty to four offenses committed in 1971. Punishment was assessed at five years each, and the sentences were cumulated. In two of the cases petitioner was convicted of knowing possession of forged instruments on August 18, 1971. Petitioner argues these two convictions violate the protection against double jeopardy as embodied in the carving doctrine.

The trial court entered findings of fact that three of the four convictions arose out of the same transaction on August 18. The…

2Cases cited2 opinions

  1. Ex Parte CalderonCourt of Criminal Appeals of Texas · 1974
  2. Gates v. StateCourt of Criminal Appeals of Texas · 1925

3Cited by3 opinions

  1. Kalish v. StateCourt of Criminal Appeals of Texas · 1983
  2. Patterson v. StateCourt of Criminal Appeals of Texas · 1983
  3. Kalish v. StateCourt of Criminal Appeals of Texas · 1983

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