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The state, in its current prosecution of appellant for aggregated theft, may attempt to prove any number of the aggregated theft's constituent thefts. However, consistent with the Double Jeopardy Clause, the state may not attempt to relitigate the facts underlying the theft alleged in the first indictment in an effort to prove that that offense or any of its lesser-included offenses is one of the aggregated theft's constituent thefts.
November 01, 2004 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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