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Ex parte Amador

Double jeopardy prohibits the state from obtaining a conviction for an offense if the defendant has previously been convicted of a lesser-included offense of that offense. The CCA reaffirmed its holding in Briceno v. State (1979) that indecent exposure is a lesser-included offense of indecency with a child by exposure. The court of appeals therefore erred in failing to apply that holding to the present case. The judgment of the court of appeals is reversed. Texas Court of Criminal Appeals, No. PD-1072-09, 10-14-2010

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Holcomb, J., delivered the opinion of the Court, in which Meyers, Price, Johnson and Cochran, JJ. joined. Cochran, J., filed a concurring opinion. Keller, P.J., filed a dissenting opinion, in which Keasler and Hervey, JJ., joined. Womack, J., dissented.

OPINION

The question presented in this case is whether double jeopardy prohibits the State from obtaining a conviction for an offense when the defendant has previously been convicted of a lesser-included offense of that offense. We hold that it does. We must also determine the continuing validity of our holding in Briceno v. State, 580 S.W.2d 842 (Tex. Crim. App. 1979), that the offense of indecent exposure*fn1 is a lesser-included offense of the offense of indecency with a child by exposure.*fn2 Id. at 844. We reaffirm that holding.

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