Court of Criminal Appeals of Texas
Gregory Lee Villanueva, Appellant v. the State of Texas
June 27, 20072007 Tex. Crim. App. LEXIS 866
Summary
The Court held that punishing Gregory Lee Villanueva for both injury to a child by act and injury to a child by omission violated the Double Jeopardy Clause, vacating the omission conviction while affirming the act conviction. The decision relied on legislative intent that the two alternatives constitute the same offense, and it reversed the lower court’s affirmation of the omission conviction. Justice Keller dissented, arguing the omission caused a separate injury, and Justice Cochran concurred, emphasizing the result-oriented nature of the statute.