Court of Criminal Appeals of Texas

Conviction and sentence for felony murder are affirmed, and conviction and sentence for aggravated robbery are reversed, where: 1) aggravated robbery was a lesser-included offense of felony murder, and there was no clear legislative intent that an accused should be punished twice for a single act that included both crimes; and 2) defendant's conviction and sentence for the lesser-included offense were therefore in violation of the Double Jeopardy Clause.

Appellate Information

• Decided 10/15/2008
• Published 10/15/2008

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Deborah Smith McClure, Amarillo, for appellant., John L. Owen, Asst. Dist. Atty., Amarillo, Jeffrey L. Van Horn, State's Atty., Austin, for state.