Joseph Clayton Francis, Appellant v. the State of Texas

Summary

The Court reversed the Court of Appeals and remanded, holding that the jury charge allowing a conviction on less than a unanimous verdict was erroneous because it combined two separate offenses in a disjunctive charge. The Court affirmed that the appellant preserved the charge error under Article 36.15 and that a unanimous verdict is required for each distinct offense. Two concurring opinions emphasized the procedural context and the need for election of a single incident.