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I found a case that suggests that Intox. Manslaughter and Manslaughter constitute double jeopardy if tried together. Ervin v. State, 991 S.W.2d 804, 814 (Tex. Crim. App. 1999) Is there any reason to believe that Agg. Assault and Intox. Assault would produce a different result? | ||
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Read Burke v. State 6 SW3d 312 and the CCA version 28 SW3d 545 The issue was never resolved in that case but what is now dicta might help your analysis. The short answer procede with caution. | |||
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my boss and I just tried a def for intox asslt and agg assault. The jury convicted on both and maxed him for 20 years and 10,000 fine and 10 years and 10,000 fine. they also found a deadly weapon finding on both cases. He was .20 alc and had really bad driving facts before the collision. i think we are ok but the appeal will tell. we have the same charges for the other passenger in the vehicle. the plan is to try him again and go for a stacked sentance. | |||
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John Harrity, chief appellate attorney in Fort Bend County DA's office, is very knowledgeable about jeopardy issues. | |||
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we tried the def again on 3-19-07 on agg asslt and intox assault out of same incident but different victim. The second trial was a slow plea. The jury gave him 15 years on agg asslt and 10 years on intox assault. The judge stacked the sentance on the previous agg assault case (20 years). In all cases the jury found that a deadly weapon was used. the defendant went from 14 years on all case to run cc to 15 years agg stacked on 20 agg. some people will not learn. the def is appealing the first set of trial but not the second. | |||
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I thought I read a case that said that you can only try the Defendant once when multiple people are killed by the same act. IE Drunk wipes out 4.Try one and get a not guilty. I remember trying a kidnapping case with a lousy sentence and I wanted to go back and try the aggravated assault but couldn't because of collateral estoppel.Appellate gurus please help this poor trial lawyer who has no access to lexus nexus. | |||
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in my cases the defendant was convicted on first trial so we did not run into that problem | |||
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