Court of Criminal Appeals of Texas

Oscar Homero Ochoa, Jr., Appellant v. the State of Texas

December 16, 19981998 Tex. Crim. App. LEXIS 173

Summary

The Court affirmed the Court of Appeals' decision vacating the conviction for indecency with a child because the two offenses constitute the same offense under the Blockburger test, and the State may not obtain separate convictions for both aggravated sexual assault and indecency with a child arising from the same transaction. Justice Keller, in a concurring opinion, disagreed with the majority's reliance on Cunningham and emphasized the proper double‑jeopardy analysis.