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Court of Criminal Appeals of Texas· 5/22/2013

Denton, Ex Parte William Charles

Citations

  • 399 S.W.3d 540
  • 2013 WL 2212917
  • 2013 Tex. Crim. App. LEXIS 792

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “[i]f we find that there is a double-jeopardy violation, the remedy will be to vacate one of the convictions” and “no additional proceedings will be required”
  • holding aggravated robbery by threat and aggravated assault by threat, committed against the same victim during the same continuous transaction, to be the same offense for double-jeopardy purposes
  • noting that although State may have interest in maintaining finality of conviction, there is no legitimate interest in maintaining conviction where record shows that conviction was obtained in contravention of constitutional double-jeopardy protections
  • describing lesser included offense variation of multiple punishments claim as one where “the same conduct is punished twice—once for the basic conduct and a second time for that conduct plus more”
  • “the gravamen of the offense of aggravated assault is the specific type of assault defined in [the Penal Code].”
  • in comparing the offenses, an appellate court “focus[es] on the elements alleged in the charging instrument”

Source: CourtListener parenthetical corpus (CC0).

Judges: Johnson, Price, Womack, Keasler, Hervey, Cochran, Alcalá, Keller, Meyers

Read full opinion on CourtListener

Cited by

138 cases in this archive cite this case; the 20 most cited are listed.

Cites

53 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Denton, Ex Parte William Charles

9 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.