Court of Criminal Appeals of Texas

Ex Parte William Charles Denton, Applicant

May 22, 20132013 Tex. Crim. App. LEXIS 792

Summary

The Court held that the applicant's aggravated‑assault convictions were barred as lesser‑included offenses of aggravated robbery, violating the Double Jeopardy Clause, and therefore set those convictions aside while retaining the robbery convictions. It also held that the double‑jeopardy claim was not procedurally defaulted and could be adjudicated in the habeas proceeding.