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.