Garza, Robert

• Court: Court of Criminal Appeals of Texas
• Decided: June 28, 2006
• Docket: AP-74,935
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-74,935 ROBERT GARZA, Appellant

v.

THE STATE OF TEXAS

ON DIRECT APPEAL FROM CAUSE NO. CR-0945-03-I

IN THE 398^TH JUDICIAL DISTRICT COURT

HIDALGO COUNTY

Per Curiam.

O R D E R

On November 9, 2005, this case was submitted to this Court. Upon reviewing the case, the Court has determined that the parties should brief two issues that were not raised on direct appeal:

(1) Whether Texas Penal Code section 71.02 properly supports a charge and conviction of capital murder from which the death penalty may result; and

(2) Whether the first and fourth counts of the indictment improperly subject appellant to multiple punishments for the same crime in violation of the Double Jeopardy Clause.

The parties are ordered to brief the procedural aspects as well as the merits of both issues. The briefs are to be filed with this Court within 60 days of the date of this order. No motions for extension will be entertained.

IT IS SO ORDERED THIS THE 28^th DAY OF June, 2006.

Do Not Publish