[Download] "Martinez v. State" by State of Wisconsin in Court of Appeals District IV " eBook PDF Kindle ePub Free
eBook details
- Title: Martinez v. State
- Author : State of Wisconsin in Court of Appeals District IV
- Release Date : January 14, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Angel Martinez appeals his convictions for burglary with intent to commit aggravated sexual assault and burglary with intent to commit theft. See Tex. Penal Code Ann. § 30.02(a) (West 2003). He received a forty-year sentence for the former conviction and twenty years for the latter. In two points of error, Martinez contends that his two convictions, which were based on the same incident in which he entered a residence, violate his right to be free of double jeopardy, and that the charge enabled the jury to convict him based on less than a unanimous verdict. We sustain Martinezs first point of error but overrule his second. Martinez further argues that our remedy for the double-jeopardy violation should be to vacate his conviction for burglary with intent to commit aggravated sexual assault and affirm his conviction for burglary with intent to commit theft. Concluding that current law requires the opposite, we will vacate Martinezs conviction for burglary with intent to commit theft and affirm his conviction for burglary with intent to commit sexual assault.