Burke v. State (2002)
In Burke v. State, 80 S.W.3d 82 (Tex. App.-Fort Worth 2002, no pet.), the appellant was convicted of reckless aggravated assault and intoxication assault.
On appeal, he challenged both convictions on double jeopardy grounds and raised additional challenges to his aggravated assault conviction.
The Fort Worth court reversed his aggravated assault conviction because his guilty plea was involuntary. Id. at 85-86.
Moreover, the court concluded that, after the reversal, the appellant's double jeopardy issue was moot. In reaching its conclusion, the court agreed with the State's argument that "the double jeopardy claim, if any, is not ripe until, or if and when, the State seeks to punish Appellant for an aggravated assault arising from the same transaction and victim." Id. at 86.