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Posts tagged "appellant"

Aggravated Sexual Assault

In a case out of the Court of Criminal Appeals that was reversed the appellant defendant was indicted for felony aggravated sexual assault.  The State submitted a jury charge that authorized the jury, should it acquit the appellant of aggravated sexual assault, to convict him of the lesser included offense of aggravated assault, to convict him of the lesser included offense of aggravated assault.  Although the defendant vigorously opposed the inclusion of this charge, the trial court submitted it, and the jury convicted him of aggravated assault, thereby implicitly acquitting him of agg sexual assault.  The defendant appealed his agg assault conviction, arguing that the trial court erred to authorize that conviction for that offense because it was not a lesser included offense of the sexual assault as the latter offense had been alleged in the indictment.  The Court of appeals agreed that as alleged in the indictment, agg assault was not such an offense.  The Court of Criminal Appeals reversed and remanded.

Double Jeopardy and Lesser Included Offenses

In Amador v. State, the Texas Criminal Appeals Court heard a case where the appellant pled guilty to indecent exposure and was sentenced to 120 days confinement.  Subsequently, the State indicted him for two counts of the third degree felony of indecency with a child by exposure.  The trial court rejected his pretrial writ that asserted double jeopardy and the court of appeals appealed.

Indecency with a Child and Double Jeopardy

In Amador v. State, the Texas Criminal Appeals Court heard a case where the appellant pled guilty to indecent exposure and was sentenced to 120 days confinement.  Subsequently, the State indicted him for two counts of the third degree felony of indecency with a child by exposure.  The trial court rejected his pretrial writ that asserted double jeopardy and the court of appeals appealed.

Murder Conviction Reversed

In Winfrey v. State, the Texas Criminal Appeals Court reversed and rendered an acquittal on the defendant convicted of murder.  The appellant was charged with capital murder, but convicted by a jury of the lesser-included offense of murder and assessed a 75 year sentence.  No evidence linked appellant to the crime except "scent lineup evidence" from Sheriff Pikett's dogs that had been "pre-scented" to the victim's clothing and alerted on appellant's scent.  The Court of Appeals affirmed finding:  1.  Pikett's canine-scent testimony provided direct evidence placing appellant in direct contact with the victim's clothing; 2. the jury could have reasonably concluded that the appellant was in the victim's house at the time of the murder, and that he had significant physical contact with the victim; 3. appellant shared information about the murder with his cellmate that was unknown, even by police; and 4.  appellant identified himself as the "number one suspect" at a time when the police did not consider him a suspect.

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