Legal Opinion

Berger v. State

Texas Court of Appeals, 3rd District (Austin)

Decided April 3, 2003No. 03-02-00244-CRPublishedCited by 20 opinions

1Opinion of the Court

OPINION

DAVID PURYEAR, Justice.

Appellant, Michael Anthony Berger, appeals his conviction for possession with intent to deliver and possession of a controlled substance. By two points of error, appellant claims that the trial court erred in (1) submitting a question of law for determination by the jury, and (2) entering judgments of conviction for both possession with intent to deliver and possession, claiming a violation of double jeopardy. Both convictions arose from the discovery of 1.05 grams of methamphetamine on appellant’s person. Because appellant failed to preserve error regarding the…

2Cases cited14 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  3. Jackson v. DennoSupreme Court of the United States · 1964
  4. Whalen v. United StatesSupreme Court of the United States · 1980
  5. Illinois v. VitaleSupreme Court of the United States · 1980

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

3Cited by20 opinions

  1. Bien v. StateCourt of Criminal Appeals of Texas · 2018
  2. Williams v. State, Texas Court of Appeals, 3rd District (Austin)2007
  3. Guerrero v. State, Texas Court of Appeals, 4th District (San Antonio)2009
  4. Beau Preston Jones v. the State of Texas, Texas Court of Appeals, 4th District (San Antonio)2025
  5. Christy Jo Franks v. State, Texas Court of Appeals, 3rd District (Austin)2008

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

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