Ex Parte Milner

Applicant pleaded guilty to two counts of attempted capital murder and one count of murder. The applicant has shown that his conviction and sentencing for a second offense of attempted capital murder violates the Double Jeopardy Clause of the Fifth Amendment and the Due Process Clause of the Fourteenth Amendment. Applicant has also accompanied his meritorious double-jeopardy claim with a prima facie showing of actual innocence and has thereby satisfied his burden under Texas Code of Criminal Procedure Art. 11.07, § 4(a)(2). The trial court's judgment is vacated with instructions to render judgment of acquittal. Court of Criminal Appeals, No. AP-76,481, 02-13-2013.

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