Court of Criminal Appeals of Texas

Joyce Lee Lewis Garrett, Appellant v. the State of Texas, Appellee

April 20, 19881988 Tex. Crim. App. LEXIS 69

Summary

The Court affirmed that the trial court’s failure to apply transferred intent was not fundamental error, held that the evidence was insufficient to support a finding of knowing murder, and ruled that the Double Jeopardy Clause bars reprosecution on any lesser included offense that is the same offense under the Blockburger test, thereby overruling Moss v. State and its progeny. The decision is accompanied by a dissent (Judge Teague) that would remand the case to consider only the grounds originally presented and treat the petition as a habeas application.