Court of Criminal Appeals of Texas

Barry Louis Pizzo, Appellant v. the State of Texas

September 26, 20072007 Tex. Crim. App. LEXIS 1232

Summary

The Court held that a jury instruction that allowed a conviction on touching either the breasts or the genitals of a child in the same count violated the Texas unanimity requirement because each act constitutes a separate offense, and therefore the instruction could permit a non‑unanimous verdict. The Court reversed the Court of Appeals and remanded for a harm analysis.