Eddie Barnes v. the State of Texas ( 2023 )

11TH COURT OF APPEALS EASTLAND, TEXAS JUDGMENT Eddie Barnes, * From the 244th District Court of Ector County, Trial Court No. C-18-0905-CR Vs. No. 11-21-00155-CR * April 6, 2023 The State of Texas, * Opinion by Williams, J. (Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.) This court has inspected the record in this cause and concludes that there is error in the judgment below. Therefore, in accordance with this court’s opinion, we vacate Appellant’s felony murder conviction because it violates the Double Jeopardy Clause, and we reverse the trial court’s judgment as to Count No. Two and render a judgment of acquittal with respect to that count. With respect to Count No. One, the lesser included offense of murder, we affirm the judgment of the trial court.