King, Ex Parte Harold Bertrum Jr. ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,482

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EX PARTE HAROLD BERTRUM KING, JR., Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F33801 IN THE 249^TH JUDICIAL DISTRICT COURT FROM JOHNSON COUNTY

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   Per curiam.

O P I N I O N  

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Pursuant to a single indictment, Applicant was convicted of four counts of aggravated sexual assault, one count of aggravated robbery, and one count of aggravated assault. Applicant was sentenced to life imprisonment for each count. He did not appeal his convictions.

Applicant contends inter alia that he was subject to double jeopardy, because counts one and two of the indictment alleged different manner and means of committing a single act, as did counts three and four of the indictment. We remanded this application to the trial court for findings of fact and conclusions of law.

On remand, the trial court determined that Applicant was indeed convicted and sentenced twice for the same acts in counts one and two, and three and four, respectively. Applicant is entitled to relief. Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985).

Relief is granted. The judgments and sentences in counts two and four of Cause No. F33801 in the 249th Judicial District Court of Johnson County are vacated. The judgments and sentences in counts one, three, five, and six of this cause are to remain in force. Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Applicant's remaining claims are denied.

Delivered: August 30, 2006

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