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Court of Criminal Appeals of Texas


Ortega v. State of Texas, 0819-04

A trial for assault of a public servant, after the defendant had been tried for resisting an arrest by the same public servant, does not violate the Double Jeopardy Clause of the Fifth Amendment since the offenses are not the same.

Appellate Information

  • Decided 09/14/2005
  • Published 09/14/2005

Judges

  • WOMACK, J., delivered the opinion of the Court, in which KELLER, P.J., and JOHNSON, KEASLER, HERVEY and HOLCOMB, JJ., joined., Before the court en banc.

Court

  • Court of Criminal Appeals of Texas

Counsel

  • For Appellant:
  • Randy Mack, Corpus Christi, for Appellant., Jeffrey L. Van Horn, First Asst. S.A., Matthew Paul, State's Attorney, Austin, for State.

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