Robert Glen Phillips, Appellant v. the State of Texas, Appellee

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals and reinstated the trial court's order that the appellant's two nine‑year sentences for aggravated assault run consecutively, holding that each assault constitutes a separate offense under the Blockburger test and therefore does not violate the double jeopardy clause. The Court reasoned that each victim requires proof of a distinct fact, satisfying the requirement that each offense contain an element the other does not. The decision notes a dissent by Justice Teague, who disagrees with the majority's interpretation of double jeopardy.