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I am working on a Stalking case. The indictment alleges both adjudicated and unadjudicated offenses. Specifically, the Defendant has been convicted of assault family violence, terroristic threat, interference with 911 call, and criminal trespass. Defense counsel is arguing that using those adjudicated offenses in the stalking indictment is a violation of double jeopardy since Defendant has already been punished for those offenses.

I have already gone through the Blockburger �same-elements� analysis. I want to know if there are any cases out there that specifically allow me to use the convictions for criminal trespass, assault family violence, terroristic threat, and interference with 911 call. Any help would be much appreciated!
 
Posts: 15 | Location: Fairfield, Texas, USA | Registered: July 22, 2009Reply With QuoteReport This Post
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