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ORTEGA v. STATE

No. 13-02-298-CR.

131 S.W.3d 698 (2004)

Robert Lee ORTEGA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

April 1, 2004.

Attorney(s) appearing for the Case

Randy Mack, Attorney At Law, Corpus Christi, for Appellant.

Michael A. Sheppard, District Attorney, Robert C. Lassmann, Asst. District Attorney, Cuero, for Appellee.

Before Justices HINOJOSA, YAÑEZ and GARZA.

OPINION

Opinion by Justice GARZA.

After a trial in Refugio County, a jury convicted appellant, Robert Lee Ortega, of assault on a peace officer and sentenced him, as a habitual criminal, to seventy-five years imprisonment. Appellant challenges his conviction by five issues. Because we conclude that resisting arrest and assault on a peace officer are the "same offense" for double jeopardy purposes in this case and because we find that appellant has already...

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