Ex parte Jefferson, 69089
| Decision Date | 21 November 1984 |
| Docket Number | No. 69089,69089 |
| Citation | 681 S.W.2d 33 |
| Parties | Ex parte R.L. JEFFERSON, Jr. |
| Court | Texas Court of Criminal Appeals |
This is an application for writ of habeas corpus. The question in this case is whether the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution bars prosecution for the crime of theft of a pickup truck following a conviction for the offense of unauthorized use of the same vehicle. Applicant alleges that on April 12, 1982, he was convicted in Cause No. 346581 in the 177th Judicial District Court of Harris County for the offense of unauthorized use of a motor vehicle, namely a pickup truck owned by Tom Rogers. On June 24, 1982, he was convicted in Cause Number F81-33294-LU in the 291st Judicial District Court of Dallas County for the offense of theft over $200, the subject of the theft being the same pickup truck.
In findings of facts and conclusions of law, the trial judge in this case reviewed applicant's application without holding any type of evidentiary hearing and found the application to be without merit in that the applicant had furnished insufficient facts upon which to make an adjudication of his claim. After receiving the application for writ of habeas corpus and the trial judge's findings of fact and conclusions of law, this Court entered an order abating the application and ordering the trial court to further develop the underlying facts and, in turn, file additional findings of fact and conclusions of law.
This Court has now received the trial court's supplemental findings of fact and conclusions of law wherein the trial court noted that it had conducted a lengthy evidentiary investigation and had come to the conclusion that relief should be granted. Attached to the trial court's findings is an affidavit from the Dallas County district attorney's office setting out that the theft charges in Dallas related to the theft of a pickup belonging to Tom Rogers of Dallas County on November 13, 1981, and applicant was arrested in Houston, Harris County on December 12, 1981, for driving the same truck previously stolen from Tom Rogers in Dallas County.
This Court, of course, is not bound by the findings of the trial judge in Article 11.07, V.A.C.C.P., matters, but the trial court's findings are considered if supported by the record. Ex parte Hurd, 613 S.W.2d 742 (Tex.Cr.App.1981). In this case we believe they have merit.
In Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932), the Supreme Court enunciated the proper test to be used in determining whether there is more than one offense:
"The applicable rule is that, where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to...
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State v. Houth
...be resolved without knowing a description of the property involved and the specific means by which it was taken. Ex parte Jefferson, 681 S.W.2d 33 (Tex.Crim.App.1984). See Brown v. Ohio, 432 U.S. 161, 97 S.Ct. 2221, 53 L.Ed.2d 187 (1977). As in the last example, both matters are fact-specif......
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Hall v. State
...one offense includes another under Texas law and to whether several offenses are the same for jeopardy purposes. See Ex parte Jefferson, 681 S.W.2d 33 (Tex.Cr.App.1984); Neely v. State, 571 S.W.2d 926 (Tex.Cr.App. 1978). We likewise think it reasonably clear from the various opinions in Dix......
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Skillern v. State
...vehicle is or may be a lesser-included offense of theft. State v. Houth, 845 S.W.2d 853, 869 (Tex.Crim.App.1992); Ex parte Jefferson, 681 S.W.2d 33, 34 (Tex.Crim.App.1984); Neely v. State, 571 S.W.2d 926, 928 (Tex.Crim.App.1978); Teague v. State, 789 S.W.2d 380, 382 (Tex.App.--Houston [1st ......
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Ortega v. State, 13-02-298-CR.
... ... overruling the "same conduct" test used by the court of criminal appeals in cases such as Ex parte Peterson, 738 S.W.2d 688 (Tex. Crim.App.1987) and May v. State, 726 S.W.2d 573 (Tex.Crim.App ... See Ex parte Jefferson, 681 S.W.2d 33 (Tex.Crim.App.1984); Neely v. State, 571 S.W.2d 926 (Tex.Crim.App.1978). We likewise ... ...