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 of Criminal Appeals affirmed the Court of Appeals' judgment, holding that the conviction for indecency with a child violated the double jeopardy clause because the evidence showed only a single offense. The State was required to elect one offense or present indecency as a lesser‑included alternative, and therefore the lesser conviction was properly vacated.