State v. Todd

OPINION

COOPER, Justice.

In this appeal the state challenges the holding of the Court of Criminal Appeals that defendant’s second degree murder conviction violated the constitutional prohibition against double jeopardy. The conviction was from the death of defendant’s nineteen month old stepson which resulted from a head injury inflicted by defendant.

Defendant was indicted for second degree murder. An agreement was entered with the state in which defendant was to plead guilty to voluntary manslaughter with a sentence of not less than three years or more than ten years. The plea agreement,…