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Gerald Christopher Zuliani v. the State of Texas

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Keller, P.J., and Hervey, J., not participating.

OPINION

Appellant was convicted of reckless driving and deadly conduct. The jury assessed 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. The court of appeals concluded that Appellant’s two convictions represented multiple punishments for the same offense in violation of the prohibition against double jeopardy and reversed the conviction for reckless driving. Zuliani v. State, 338 S.W.3d 213 (Tex. App.-Austin 2011). The State has filed a petition for discretionary review asserting that the court of appeals erred in failing to consider legislative intent in its double jeopardy analysis. We agree.

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