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Lesser Includeds: Gambling (Promoting, Keeping, Possessing)

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January 08, 2007, 16:44
Drew Gibbs
Lesser Includeds: Gambling (Promoting, Keeping, Possessing)
I am prosecuting a recently-raided 8-liner business for the standard 3 Class A Gambling Offenses of Keeping a Place, Possessing a Device, & Promoting. However the city that conducted the raid is also going after the business operators for 27 counts of the Class C offense of Gambling. They issued 27 citations to patrons of the business and have decided that since it take two parties to gamble, they will charge the business owners for the same 27 acts.

I don't bring up this topic head down the wormhole of the 27 citations against the business operators. That has enough legal issues of its own. My only concern is to protect all 3 of my Class A's against each of the operators, the main issue being Double Jeopardy.

So far I have learned that Gambling(the Class C) is not a lesser included of Promoting. Baxter v. State, 66 S.W.3d 494.

I feel reasonably safe in drawing from that, that Gambling is probably not a lesser included of Keeping and Possessing either.

Just thought I'd run it past the well-respected members of the TDCAA.