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Gerald Christopher Zuliani v. the State of Texas

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OPINION

Gerald Christopher Zuliani was charged with the offenses of reckless driving and deadly conduct. See Tex. Penal Code Ann. § 22.05 (West 2003); Tex. Transp. Code Ann. § 545.401 (West 1999). A jury found Zuliani guilty of both offenses, assessing punishment at 30 days’ confinement and a $100 fine for the reckless-driving conviction and one year’s confinement and a $3,000 fine for the deadly-conduct conviction. Because we conclude that Zuliani’s two convictions represent multiple punishments for the same offense in violation of the prohibition against double jeopardy, we reverse and vacate the conviction for reckless driving. The conviction for deadly conduct is affirmed.

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