Reyna v. State
Pedro Reyna v. the State
Opinion of the Court
MORROW, Presiding Judge.
The judgment condemns the appellant to confinement in the penitentiary for a period of three years for the offense of transporting and possessing intoxicating liquor.
The appellant was charged, in separate counts, with each of these offenses. Both counts' were submitted to the jury. No instruction was given that the jury designate upon which count the verdict was based. A general verdict was found assessing the penalty above the minimum provided by law, and a judgment of conviction of both of the offenses was entered. The law in this State does not permit the conviction of a person of two felonies in one indictment and verdict. Such is the declaration of this court in Miller’s case, 16 Texas Crim. App., 431; in Crawford v. State, 31 Texas Crim. Rep., 51 ; and in many other cases collated in Banks v. State, 93 Texas Crim. Rep., 117 , 246 S. W. Rep., 377 . This court has been put to the necessity of applying this rule in several recent cases. Among them are Smith v. State, 250 S. W. Rep., 694 ; Knott v. State, 93 Texas Crim. Rep., 245 ; Zilliox v. State, 93 Texas Crim. Rep., 301 .
A reversal has not been found necessary in cases in which the evidence sustained the conviction and the lowest penalty was accorded.
*321 On a record like the present, however, where the penalty is three times the minimum, the error cannot be treated as harmless. The State’s Attorney, in his brief, concedes the necessity for a reversal of the judgment. It is so ordered.
Reversed and remanded.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.