Glenn Ray Landers, Appellant v. the State of Texas

Summary

The Court affirmed the Court of Appeals' decision to vacate the theft conviction and retain the unauthorized use of a motor vehicle conviction, applying a newly fashioned "most serious punishment" test to resolve the double jeopardy violation. The Court held that when both a greater and a lesser included offense are convicted, the conviction carrying the longer sentence must be retained. Justice Overstreet dissented, arguing that the greater theft offense should have been upheld. The dissent is noted in the summary.