Court of Criminal Appeals of Texas

Haron Stephens, Appellant v. the State of Texas, Appellee

June 11, 19861986 Tex. Crim. App. LEXIS 761

Summary

The Court of Criminal Appeals affirmed the Court of Appeals' judgment of acquittal, holding that the evidence was insufficient to support a conviction for aggravated rape because the State failed to prove the appellant’s participation in the threatening element. It also held that the State could not retry the appellant under a different theory after voluntarily accepting the charge presented to the jury. Justice Teague, in a partial concurrence/dissent, argued that the double‑jeopardy issue should have been addressed.