Ortega v. State

OPINION

Opinion by Justice GARZA.

After a trial in Refugio County, a jury convicted appellant, Robert Lee Ortega, of' assault on a peace officer and sentenced him, as a habitual criminal, to seventy-five years imprisonment. Appellant challenges his conviction by five issues. Because we conclude that resisting arrest and assault on a peace officer are the “same offense” for double jeopardy purposes in this case and because we find that appellant has already been tried and convicted for resisting arrest, we reverse the judgment of the trial court and order a judgment of acquittal on the assault…