Court of Criminal Appeals of Texas

William Burney Burke, Appellant v. the State of Texas

October 4, 20002000 Tex. Crim. App. LEXIS 91

Summary

The Texas Court of Criminal Appeals held that aggravated assault under Penal Code §22.02 and intoxication assault under §49.07 are not in pari materia, so the double jeopardy analysis based on specific versus general statutes does not apply. Accordingly, the Court vacated the Court of Appeals' judgment and remanded for a proper remedy.