Gregory Lee Villanueva, Appellant v. the State of Texas

Summary

The Court held that the appellant's two convictions for injury to a child—one based on an affirmative act and the other on an omission—constitute punishments for the same offense under the Double Jeopardy Clause, and therefore the conviction for injury by omission must be vacated while the conviction for injury by act is affirmed. The decision rests on the Legislature's intent that act and omission are alternative means of committing a single result‑oriented offense. The Court affirmed the judgment of conviction for injury by act, reversed the judgment for injury by omission, and remanded for vacatur. Justice Keller dissented, arguing that the evidence supports two separate crimes, and Justice Cochran filed a concurring opinion agreeing with the majority's analysis.