Legal Opinion · Concurrence

Garfias, Christopher

Court of Criminal Appeals of Texas

Decided February 26, 2014No. PD-1544-12Published

1Concurrence

COCHRAN, J.,

filed a concurring opinion in which WOMACK, JOHNSON, and ALCALA, JJ., joined.

I agree that' appellant has not established that “the undisputed facts show a double jeopardy violation is clearly apparent from the face of the record.”1 I do not think that either we or the lower courts should establish a hard-and-fast rule that aggravated robbery by threat and aggravated assault causing bodily injury always (according to the court of appeals) or never (according to the majority) violates double jeopardy. As with so many things in life and law, it all depends. Here, it all depends on…

2Cases cited5 opinions

  1. Denton, Ex Parte William CharlesCourt of Criminal Appeals of Texas · 2013
  2. State v. PraterCourt of Appeals of Washington · 1981
  3. State v. FreemanCourt of Appeals of Washington · 2003
  4. State v. FreemanCourt of Appeals of Washington · 2003
  5. Christopher Garfias v. State, Texas Court of Appeals, 2nd District (Fort Worth)2012

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