Court of Criminal Appeals of Texas

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

January 30, 1991806 S.W.2d 812

Summary

The Court held that the appellate reversal of appellant Stephens' aggravated rape conviction on the ground of insufficient evidence bars a subsequent prosecution for the lesser included offense of rape under the Double Jeopardy Clause. The decision affirms the lower court's judgment and rejects the State's arguments that the reversal does not constitute an acquittal or that the State could rely on waiver or continuing jeopardy doctrines. Justice McCormick dissented, arguing that the majority misapplies double‑jeopardy precedent and that retrial for the lesser offense should be allowed.