# Ex Parte Wornell

> Court of Criminal Appeals of Texas · June 9, 1982 · 633 S.W.2d 904

URL: https://www.frixlaw.com/law-library/cases/9643881

## Case

- **Full name:** Ex Parte Kirby Garland WORNELL
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 9, 1982
- **Citations:** 633 S.W.2d 904; 1982 Tex. Crim. App. LEXIS 948
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Roberts
- **Judges:** Roberts, Clinton, Onion, Teague
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9643881

## Opinion text

OPINION
ROBERTS, Judge.
Womell applies for habeas corpus relief from a conviction for aggravated rape. In 1979, the applicant was indicted in cause 4319 for the aggravated kidnapping of EMP with intent to violate and abuse her sexually. On the same day he was indicted in cause 4320 for the aggravated rape of EMP. Both offenses were alleged to have occurred on or about February 22, 1979. At the applicant’s request, the causes were tried together. He pleaded guilty and testified that the allegations of the indictments were trae and correct. He was given concurrent punishments of seven years’ confinement.
The applicant claims that his being convicted and sentenced for both offenses violated the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. It did not; each offense required proof of facts not required of the other. Ex parte McWilliams, 632 S.W.2d 574 (Tex.Cr.App., 1982) (aggravated kidnapping, aggravated rape, and aggravated robbery).
The applicant also claims that his convictions violated the carving doctrine. The court, over this writer’s dissent, abandoned that doctrine in McWilliams, supra.
Habeas corpus relief is denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9643881. Public record. Not legal advice.