The appellant appeals his convictions for alleged burglary of a habitation with intent to commit sexual assault (count one) and alleged burglary of a habitation with intent to commit assault (count two). When a defendant has been prosecuted and convicted in a single criminal action of two or more offenses that constitute the same offense, in violation of double jeopardy, the remedy is to apply "the most serious offense" test and retain the conviction for the "most serious" offense. The trial court's judgment on count one is affirmed, and the judgment on count two is vacated and dismissed. Fort Worth Court of Appeals, No. 02-11-00511-CR, 02-21-2013.
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White v. State
Tex. App. Dist. 2
February 26, 2013
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