Court of Criminal Appeals of Texas
Arturo Arteaga Lopez, Appellant v. the State of Texas
June 11, 20032003 Tex. Crim. App. LEXIS 109
Summary
The Court held that the Double Jeopardy Clause bars two separate convictions—delivery by offer to sell and possession with intent to deliver—based on a single sale of cocaine, and therefore affirmed the Court of Appeals' decision vacating the possession conviction and affirming the delivery conviction. Justice Keller, in a concurring opinion, agreed with the result but criticized the majority's statutory analysis.