Legal Opinion

Martinez v. State

Texas Court of Appeals, 3rd District (Austin)

Decided November 14, 2008No. 03-07-00391-CRPublishedCited by 22 opinions

1Opinion of the Court

OPINION

BOB PEMBERTON, Justice.

Angel Martinez appeals his convictions for burglary with intent to commit aggravated sexual assault and burglary with intent to commit theft. See Tex. Penal Code Ann. § 30.02(a) (West 2003). He received a forty-year sentence for the former conviction and twenty years for the latter. In two points of error, Martinez contends that his two convictions, which were based on the same incident in which he entered a residence, violate his right to be free of double jeopardy, and that the charge enabled the jury to convict him based on less than a unanimous verdict. We…

2Cases cited14 opinions

  1. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  2. Ngo v. StateCourt of Criminal Appeals of Texas · 2005
  3. Bigon v. StateCourt of Criminal Appeals of Texas · 2008
  4. Ex Parte CavazosCourt of Criminal Appeals of Texas · 2006
  5. Day v. StateCourt of Criminal Appeals of Texas · 1976

9 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. United States v. Michael HerroldCourt of Appeals for the Fifth Circuit · 2018
  2. United States v. Eddie Wiese, Jr.Court of Appeals for the Fifth Circuit · 2018
  3. United States v. Roberto Moreno PenaCourt of Appeals for the Fourth Circuit · 2020
  4. McINTOSH v. State, Texas Court of Appeals, 1st District (Houston)2009
  5. United States v. Carlos HutchinsonCourt of Appeals for the Eighth Circuit · 2022

17 more not listed; retrieve them via the Exa API.

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