Opinion

Phillips v. State

  • 787 S.W.2d 391
  • 1990 Tex. Crim. App. LEXIS 51
  • 1990 WL 41352
Court
Court of Criminal Appeals of Texas
Filed
Apr 11, 1990
Status
Published
Author
Clinton
On the bench
Davis, Clinton
Cited by
168 cases
Authority
More cited than 15.3%

holding that the literal language of Tex. Penal Code § 22.02(a)(1) allowed for successive prosecutions for multiple aggravated assaults occurring in a single course of conduct.

How later courts described this case

  • holding that the literal language of Tex. Penal Code § 22.02(a)(1) allowed for successive prosecutions for multiple aggravated assaults occurring in a single course of conduct.
  • stating that “[conceptually, the state and federal constitutional provisions [regarding double jeopardy] are identical”
  • holding that defendant while driving intoxicated and injuring two people had committed two aggravated assaults
  • providing that the allowable unit of prosecution for an assaultive offense is each complainant

Written by the judges who cited it.

The opinion

For the reasons expressed in the concurring opinion that he filed in Ex parte Rathmell, 717 S.W.2d 33 , 36

(Tex.Cr.App. 1986), Teague, J., dissents.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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