X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:Appellant was convicted of two offenses: burglary of a habitation and retaliation. Under the disjunctive application paragraph of the charge, the jury could convict appellant of burglary of a habitation under either of two theories: 1. entry with the intent to commit retaliation; or 2. entry and the commission (or attempted commission) of retaliation. The general verdict form did not require the jury to specify which theory it relied upon. On appeal, appellant claimed that his two convictions constituted multiple punishment in violation of the double jeopardy clause because the jury could have rested its verdict on the second burglary theory which made retaliation a lesser-included offense of burglary. The court of appeals held that appellant failed to preserve his double jeopardy claim because he did not object to the disjunctive jury charge at trial. HOLDING:Affirmed. Burglary with intent to commit an underlying felony within, and the underlying felony have long been held to be distinct and separate offenses. Appellant’s claim is without merit. In this case, the jury could have convicted appellant both for the burglary of a habitation and the underlying felony of retaliation without violating the double jeopardy clause prohibition of multiple punishments. Ample facts in this record support the jury’s verdict. “This was clearly a man on a mission. The jury had ample evidence to conclude that appellant had the intent to threaten to harm Amanda and make her sign an affidavit of non-prosecution at the very moment that he crossed the threshold of her mother’s home. Because the evidence is clearly sufficient to support the jury’s verdict that appellant committed burglary with the intent to commit a felony inside, no double jeopardy violation is clearly apparent on the face of the record.” OPINION:Cochran, J., delivered the court’s opinion.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.