Glenn Ray Landers, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals affirmed the Court of Appeals’ judgment that, because the theft and unauthorized use of a motor vehicle convictions constitute the same offense for double‑jeopardy purposes, the appropriate remedy is to retain the conviction carrying the most serious punishment and vacate the other. Applying a newly fashioned “most serious punishment” test, the court kept the 62‑year UUMV conviction and dismissed the nine‑month theft conviction. The Court rejected arguments that the greater offense must be retained. Justice Overstreet dissented, arguing that the greater theft conviction should have been upheld and the lesser‑included UUMV conviction dismissed.