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Weinn v State
June 30, 2010
PD-0338-09
Dissenting Opinion by Judge Keasler
Links to other opinions in this case:
Majority Opinion by Judge Johnson
Dissenting Opinion by Presiding Judge Keller
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0338-09
CORBETT K. WEINN, Appellant
v.
THE STATE OF TEXAS
ON STATE'S PETITION FOR DISCRETIONARY REVIEW
FROM THE SEVENTH COURT OF APPEALS
LUBBOCK COUNTY
Keasler, J., filed a dissenting opinion in which Keller, P.J., and Hervey, J., joined.
DISSENTING OPINION
The majority incorrectly distinguishes the facts of this case from those in our recent decision in Guerrero v. State.(1) But the facts of Guerrero are identical. In Guerrero, a plurality of
us held that Guerrero's convictions for manufacturing and possessing with intent to deliver the same cache of methamphetamine did not violate the Double Jeopardy Clause.(2) Though Guerrero's manufacture and possession
with intent to deliver were close in time, they "were discrete acts with different impulses"--"one impulse to manufacture and another impulse to possess for the purpose of delivering what has been manufactured."(3) The
same can and should be said here. I would therefore hold that there is no jeopardy violation and reverse the court of appeals's judgment.
DATE FILED: June 30, 2010
PUBLISH
1. 305 S.W.3d 546 (Tex. Crim. App. 2009) (plurality op.).
2. Id. at 553-54, 557, 560-61.
3. Id. at 554.
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A D V E R T I S E M E N T S
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Baker's Legal Pages has no relationship with the advertisers whose ads appear below.
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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.
Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
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