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Zuliani v. State

Appellant was charged with the offenses of reckless driving and deadly conduct. A jury found appellant guilty of both offenses, assessing punishment at 30 days confinement and a $100 fine for the reckless-driving conviction and one year confinement and a $3,000 fine for the deadly-conduct conviction. His two convictions represent multiple punishments for the same offense in violation of the prohibition against double jeopardy. The appropriate remedy is to affirm the conviction for which the greater sentence was assessed, that being the conviction for deadly conduct, and vacate the remaining conviction for reckless driving. In his second and third issues on appeal, appellant challenges the sufficiency of the evidence to support his convictions for deadly conduct and reckless driving. The reckless driving challenge is moot. As for deadly conduct, viewing the evidence in the light most favorable to the verdict, a rational jury could have found the essential elements of deadly conduct beyond a reasonable doubt. His evidentiary challenge is overruled. Austin Court of Appeals, No. 03-10-00041-CR, 03-10-00042-CR, 04-08-2011

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OPINION

Gerald Christopher Zuliani was charged with the offenses of reckless driving and deadly conduct. See Tex. Penal Code Ann. § 22.05 (West 2003); Tex. Transp. Code Ann. § 545.401 (West 1999). A jury found Zuliani guilty of both offenses, assessing punishment at 30 days’ confinement and a $100 fine for the reckless-driving conviction and one year’s confinement and a $3,000 fine for the deadly-conduct conviction. Because we conclude that Zuliani’s two convictions represent multiple punishments for the same offense in violation of the prohibition against double jeopardy, we reverse and vacate the conviction for reckless driving. The conviction for deadly conduct is affirmed.

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