Court of Criminal Appeals of Texas· 6/3/2015
Castillo, Ex Parte Thomas Edward
Citations
- 469 S.W.3d 165
- 2015 Tex. Crim. App. LEXIS 622
- 2015 WL 3486960
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding defendant not subjected to double jeopardy by being tried for capital murder for one victim and aggravated assault of another victim when both offenses occurred as part of same criminal transaction
- prior prosecution for a greater offense would prevent the state from later prosecuting a lesser-included predicate offense
- “The allowable unit of prosecution of an offense turns on statutory construction and usually requires ascertaining the gravamen, or gravamina, or the offense.”
- “To prevail, the [double-jeopardy] claimant must prove legal sameness and factual sameness.” (emphasis added)
- “[L]esser-included offenses are legally the same as a greater offense, and are wholly subsumed by the elements of the greater offense, unless the potential lesser-included offense requires proof of a fact not required to establish the greater offense.”
- stating assaults on different victims represent factually separate offenses
Source: CourtListener parenthetical corpus (CC0).
Judges: Hervey, Keller, Meyers, Johnson, Keasler, Alcala, Richardson, Newell, Yeary
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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