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 affirmed the Court of Appeals' judgment, holding that because the appellate reversal of Stephens' aggravated rape conviction was based solely on insufficient evidence, the Double Jeopardy Clause bars a subsequent prosecution for the lesser included offense of rape. The decision also notes that the dissent argues the majority misapplies double‑jeopardy precedent.