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 manslaughter and intoxication manslaughter are the same offense for double jeopardy purposes, vacated the manslaughter conviction while leaving the intoxication manslaughter conviction intact, and explained that the Blockburger test is not the sole test for determining same‑offense status. Justice Meyers dissented, arguing that the entire plea agreement should be set aside.