Court of Criminal Appeals of Texas
Ex Parte Manuel Amador, Appellant
October 13, 20102010 Tex. Crim. App. LEXIS 1296
Summary
The Court held that the Double Jeopardy Clause bars the State from obtaining a conviction for indecency with a child after the appellant was previously convicted of the lesser‑included offense of indecent exposure, reaffirming Briceno that indecent exposure is a lesser‑included offense of indecency with a child. The Court reversed the Court of Appeals and remanded for proceedings consistent with that holding. Justice Cochran filed a concurring opinion and Justice Keller filed a dissent arguing that two child‑victim counts could stand.