Ramos v. Texas (original by judge yeary)
Annotate this CaseIn a single trial, Appellant Enrique Ramos was convicted both of continuous sexual abuse of a child, under Section 21.02(b) of the Texas Penal Code, and of prohibited sexual conduct under Section 25.02(a)(2). The latter conviction was for an act he committed against the same victim (his stepdaughter) as in the continuous sexual abuse of a child offense. It was also committed within the same timeframe during which he committed the acts comprising the continuous sexual abuse. The jury imposed his punishment at forty years and five years, respectively, and the trial court ordered his sentences to be served consecutively. On appeal, Appellant argued that punishment for both offenses violated the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. The court of appeal agreed and vacated Appellant's conviction for prohibited sexual conduct. The Texas Court of Criminal Appeals reversed, finding that continuous sexual abuse of a child and prohibited sexual conduct were not the same offense for purposes of a multiple-punishments double-jeopardy analysis. The Court therefore reversed the judgment of the court of appeals to the extent that it vacated Appellant’s conviction and punishment for the offense of prohibited sexual conduct, and the case was remanded for that court to consider Appellant’s remaining point of error with respect to that offense.
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