Cecil Don Vineyard, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals, holding that separate convictions for possession of a videotape and a photograph, each containing a child "film image," do not violate double jeopardy because each offense requires proof of a fact the other does not and the legislature intended each film image to constitute a separate unit of prosecution. The opinion also notes that the dissent and concurrence argued the analysis should begin with statutory interpretation.