Court of Criminal Appeals of Texas

Jared Daniel Littrell, Appellant v. the State of Texas

October 15, 20082008 Tex. Crim. App. LEXIS 1306

Summary

The Court held that aggravated robbery is a lesser‑included offense of felony murder, so under the Double Jeopardy Clause the appellant could not be punished for both offenses; the aggravated‑robbery conviction and sentence were vacated while the felony‑murder conviction and sentence were affirmed. Justice Keller dissented, arguing that the two offenses are not the same under Blockburger and that the majority erred in its analysis.