Court of Criminal Appeals of Texas

The court of appeals' affirmance of a trial court's denial of defendant's request for habeas relief from his 2007 indictment for third-degree felony offense of indecency with a child by exposure, arising from the same incident that resulted in defendant's 2006 misdemeanor conviction for indecent exposure, is reversed and remanded as double jeopardy prohibits the state from obtaining a conviction for an offense if the defendant has previously been convicted of a lesser-included offense of that offense. Here, the court of appeals erred in failing to apply the holding in Briceno, that indecent exposure is a lesser-included offense of indecency with a child by exposure, to the present case.

Appellate Information

• Decided 10/13/2010
• Published 10/13/2010

Judges

• Holcomb

Court

• Court of Criminal Appeals of Texas

Counsel