# Lee v. State

> Court of Criminal Appeals of Texas · February 20, 1974 · 505 S.W.2d 816

URL: https://www.frixlaw.com/law-library/cases/9664607

## Case

- **Full name:** Johnny Ray LEE, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** February 20, 1974
- **Citations:** 505 S.W.2d 816; 1974 Tex. Crim. App. LEXIS 1342
- **Precedential status:** Published
- **Opinion:** Concurring in part by Morrison
- **Judges:** Davis, Morrison, Onion
- **Cited by:** 27 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/9664607

## Opinion text

MORRISON, Judge
(concurring in part and dissenting in part).
Recently in Ellis v. State, Tex.Cr.App., 502 S.W.2d 146 , we said:
“Although the pleas of double jeopardy, and carving, were not raised in the trial court or in this court, they involve a violation of both the State and Federal Constitutions, and under the above stated facts require our review ‘in the interest of justice.’ See Art. 40.09, § 13, V.A.C. C.P.; Duckett v. State, Tex.Cr.App., 454 S.W.2d 755 ; Price v. State, Tex.Cr. App., 475 S.W.2d 742 . Cf. Shaffer v. State, Tex.Cr.App., 477 S.W.2d 873 .”
With this in mind I requested the Clerk of the trial court to send to this Court the “deposition” which was considered by the trial court in assessing punishment. An examination thereof clearly reveals that all three acts which were the basis for the prosecution in these three cases occurred between the same parties, at the same place, in the same morning. The doctrine of carving must be given application.
I would affirm the judgment of conviction in cause #48,083 and reverse and dismiss the prosecution in causes #48,084 and #48,085.
I, therefore, concur in the affirmance of cause #48,083, and dissent to the affirmance of causes #48,084 and #48,085.
ONION, P. J., joins in this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9664607. Public record. Not legal advice.