Cecil Don Vineyard, Appellant v. the State of Texas

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals, holding that successive convictions for possession of a videotape and a photograph—both "film images" under §43.26—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 offense. A concurring opinion emphasized that legislative intent must be decided before applying Blockburger.