Jones, Rory
PD-1676-14
| Tex. | Feb 27, 2015Background
- Rory Keith Jones was convicted by a jury of aggravated robbery (by threat with a deadly weapon), aggravated assault (by threat with a deadly weapon), and attempted aggravated kidnapping arising from a single incident at a motel; he received life sentences (enhancements applied) and fines.
- Facts: Jones approached a motel maid from behind, threatened her with what looked like a screwdriver, demanded money, beat and dragged her toward his truck; the victim escaped and Jones fled.
- Indictments for both aggravated robbery and aggravated assault alleged the same threat and deadly-weapon (screwdriver) conduct; the robbery indictment additionally alleged theft.
- Jones raised a double-jeopardy claim on appeal contending the assault conviction duplicated the robbery conviction; the State conceded error as to the assault conviction.
- The Second Court of Appeals independently reviewed the double-jeopardy claim, vacated and dismissed the aggravated-assault conviction, and affirmed the aggravated-robbery and attempted-kidnapping convictions.
Issues
| Issue | Plaintiff's Argument (Jones) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether convictions for aggravated robbery (by threat) and aggravated assault (by threat) arising from the same conduct violate double jeopardy | The assault conviction is duplicative of the robbery conviction because both allege the same threat/weapon facts; evidence insufficient to support both convictions | State conceded that convicting on both offenses was error and asked that the assault conviction be set aside; otherwise prosecuted and convicted on all counts | Court held the assault (as charged) is a lesser‑included offense of the robbery; convictions together violated double jeopardy; assault conviction vacated and dismissed; robbery retained as the more serious offense |
| Remedy when multiple punishments violate double jeopardy | Retain the more serious offense | Agree remedy is to retain most serious offense | Apply "most serious" test: aggravated robbery retained (first‑degree as enhanced), aggravated assault vacated (lesser degree) |
Key Cases Cited
- Blockburger v. United States, 284 U.S. 299 (same-elements test for multiple punishments)
- Bigon v. State, 252 S.W.3d 360 (Tex. Crim. App. 2008) (use Blockburger; lesser‑included/facts‑required analysis and remedy rules)
- Ex parte Denton, 399 S.W.3d 540 (Tex. Crim. App. 2013) (aggravated assault by threat can be a lesser‑included offense of aggravated robbery by threat)
- Ex parte Cavazos, 203 S.W.3d 333 (Tex. Crim. App. 2006) (most serious‑offense test for remedy)
- Saldano v. State, 70 S.W.3d 873 (Tex. Crim. App. 2002) (appellate court may conduct independent review despite State's confession of error)
- Gonzalez v. State, 8 S.W.3d 640 (Tex. Crim. App. 2000) (double‑jeopardy claims may be raised on appeal when violation is apparent on the face of the record)