Court of Criminal Appeals of Texas

Ex Parte Patrick Ervin, Appellant v. the State of Texas

January 13, 19991999 Tex. Crim. App. LEXIS 2

Summary

The Court held that Texas manslaughter and intoxication manslaughter constitute the same offense for Double Jeopardy purposes, so the dual convictions violate the Fifth Amendment. Accordingly, the Court vacated the manslaughter conviction and retained the intoxication manslaughter conviction. Justice Meyers dissented, arguing that the plea agreement was rendered unenforceable and that both convictions should be set aside and the defendant released.