Burke v. State

OPINION

MEYERS, J.,

delivered the unanimous opinion of the Court.

Appellant was convicted of aggravated assault with serious bodily injury and intoxication assault. Punishment was assessed at fifteen and ten years confinement, to run concurrently.

The Court of Appeals concluded that reckless aggravated assault causing serious bodily injury and intoxication assault causing serious bodily injury are the “same offenses” when they both involve the same victim, and therefore imposing convictions for both offenses violated due process, due course of law and double jeopardy. Burke v. State, 6 S.W.3d…