Rodriguez, Ex Parte Dan ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,312

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EX PARTE DAN RODRIGUEZ, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NO. 00-CR-1025-B IN THE 138^TH JUDICIAL DISTRICT COURT,

CAMERON COUNTY

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   Per curiam.

O P I N I O N

   This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq.. Applicant was convicted of two counts of capital murder and two counts of aggravated kidnapping. Punishment was assessed at life imprisonment for each count. Applicant's convictions were affirmed on appeal. Rodriguez v. State, No. 13-01-203-CR (Tex. App. -- Corpus Christi, delivered December 19, 2002, pet. ref'd).  

Applicant contends, inter alia, that his convictions violate the double jeopardy clause because once the jury had found him guilty of capital murder in count I, it could not also find him guilty of the remaining counts.

Applicant is correct. Habeas corpus relief is granted to the extent that the judgment of conviction in cause number 00-CR-1025-B in the 138th District Court of Cameron County, Texas is reformed to delete counts II through IV. The judgment, as reformed, shall reflect only one conviction for the offense of capital murder, count I, and one sentence of life imprisonment.

Applicant's remaining claims are denied.

DO NOT PUBLISH

DELIVERED: December 14, 2005