¶1dissenting.
¶2The majority sets aside the conviction for aggravated robbery because an aggravated rape arising out of the same transaction had resulted in a conviction. This case follows prior erroneous decisions of this Court. When prior decisions are wrong, they should be overruled. What this and like holdings do is to permit one to threaten a victim with a weapon and commit as many crimes as he wishes without the possibility of being convicted of but one crime.
¶3In this situation, he committed aggravated rape and aggravated robbery, but only one conviction stands. Had he committed sodomy, assault to murder, maiming, kidnapping and any other offenses where an assault is an element of the offense, only one conviction could be upheld under the reasoning by the majority.
¶4There is no constitutional or statutory provision requiring the result reached in this case. See the dissenting opinion in Orosco v. State, 590 S.W.2d 121 (Tex.Cr. App.1979), for many additional reasons.
¶5The relief sought should be denied.