DocketNumber: WR-84,586-04
Filed Date: 2/15/2023
Status: Precedential
Modified Date: 2/19/2023
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-84,586-04 EX PARTE KELLY CEKIMBER PICKETT, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 007-1489-17-A IN THE 7TH DISTRICT COURT FROM SMITH COUNTY Per curiam. YEARY , J. filed a dissenting opinion joined by SLAUGHTER , J. OPINION 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 a writ of habeas corpus. Ex parte Young,418 S.W.2d 824
, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to theft, in Cause No. 007-1488-17, and was sentenced to twelve years’ imprisonment. That same day, Applicant also pleaded guilty to unauthorized use of a motor vehicle, in this case, Cause No. 007-1489-17, and was sentenced to seven years’ imprisonment. Applicant did not appeal his convictions. Applicant contends, among other things, that his unauthorized use of a motor vehicle conviction in Cause No. 007-1489-17 violates the Double Jeopardy Clause of the United States Constitution. The State agrees that Applicant is entitled to double jeopardy relief. The trial court 2 determined that Applicant was convicted of both theft and unauthorized use of a motor vehicle for stealing the same truck and that a defendant cannot be rightfully convicted for both truck theft and unauthorized use of that same truck, because unauthorized use is a lesser-included offense of theft. The trial court, therefore, found that Applicant’s conviction in Cause No. 007-1489-17 should be vacated because it violates his protection against double jeopardy. We agree. Relief is granted. Ex parte Jefferson,681 S.W.2d 33
, 34 (Tex. Crim. App. 1984). The judgment in cause number 007-1489-17 in the 7th District Court of Smith County is set aside. Applicant’s remaining claims in this application are denied. In a separate action, this Court denied relief in WR-84,586-03 relating to cause number 007-1488-17. Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional Institutions Division and the Board of Pardons and Paroles. Delivered: FEBRUARY 15, 2023 Do not publish