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Ex parte GoodmanOctober 20, 2004No. PD-1087-03 Concurring opinion by Presiding Judge Keller Link to Majority opinion by Judge Holcomb
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
NO. 1087-03
EX PARTE ROBBIE GOODMAN, Appellant
FROM THE TWELFTH COURT OF APPEALS
I join the opinion of the Court except to the extent that it specifies a particular procedure for protecting appellant from violation of his double jeopardy rights. The State should be prohibited from putting on evidence of a single theft that could have been proved under the original indictment. But jeopardy has not attached to the "the one constituent theft offense that most closely resembles" the one plead (whatever that might mean) or any other particular theft that the State could have proved under the indictment. To suggest that the procedure mandated by the Court is the only proper procedure is contrary to our on-or-about jurisprudence. KELLER, P.J. DATE FILED: October 20, 2004 PUBLISH This information is made available as a free public service for your personal, non-commercial use. While every effort has been made to provide accurate material at this site, it is provided "as is" and no representations are made that it is free of mistakes or inaccuracies. This file was derived from the text posted on the web site of the Texas Court of Criminal Appeals, by the automatic operation of conversion software, and may contain errors.
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