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.