Legal Opinion

Shelby, John Richard

Court of Criminal Appeals of Texas

Decided November 26, 2014No. PD-1372-13PublishedCited by 45 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · AlcalaAlcala, J.

Does the Double Jeopardy Clause of the United States Constitution disallow dual convictions for aggravated assault with a deadly weapon against a public servant and intoxication assault stemming from the same criminal act? Suggesting that this question should be answered in the affirmative, John Richard Shelby, appellant, argues that the court of appeals erred by permitting both convictions under these circumstances. We agree. We conclude that the Legislature did not intend to authorize separate punishments for the offenses of aggravated assault with a deadly weapon against a public…

3Cases cited10 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Hall v. StateCourt of Criminal Appeals of Texas · 2007
  3. Bigon v. StateCourt of Criminal Appeals of Texas · 2008
  4. Ex Parte CavazosCourt of Criminal Appeals of Texas · 2006
  5. Landrian v. StateCourt of Criminal Appeals of Texas · 2008

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4Cited by45 opinions

  1. Castillo, Ex Parte Thomas EdwardCourt of Criminal Appeals of Texas · 2015
  2. Epolito Lozano Junior v. State, Texas Court of Appeals, 14th District (Houston)2019
  3. Llorens v. StateCourt of Appeals of Texas · 2017
  4. Rogers v. StateCourt of Appeals of Texas · 2017
  5. Rickey Trent Stanley v. State, Texas Court of Appeals, 5th District (Dallas)2015

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