(Download) "Harvey C. fortune v. State Texas" by Court of Criminal Appeals of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Harvey C. fortune v. State Texas
- Author : Court of Criminal Appeals of Texas
- Release Date : January 27, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appellant was charged in a single indictment with burglary of a habitation with the intent to commit the felony offense of sexual assault and, by a separate count, aggravated sexual assault. The jury found him guilty and assessed punishment for the burglary offense at fifteen years imprisonment and thirty years imprisonment for the sexual assault. On appeal to the Beaumont Court of Appeals, the burglary conviction was affirmed, but the sexual assault conviction was reversed. Fortune v. State, 699 S.W.2d 706 (Tex.App.-Beaumont 1985). The Court of Appeals based its findings on its interpretation of caselaw which prohibits the State from obtaining a conviction for more than one offense arising from the same transaction alleged in one charging instrument. The State petitioned this Court for discretionary review, which we granted to consider the propriety of the Court of Appeals decision. We will affirm the judgment of the Court of Appeals.