Court of Criminal Appeals of Texas

Brenda Fay Parrish, Appellant v. the State of Texas, Appellee

January 26, 19941994 Tex. Crim. App. LEXIS 10

Summary

The Court held that the prior speeding conviction does not bar the appellant's DWI prosecution under the federal Double Jeopardy Clause because each offense contains an element the other does not, applying the Blockburger test as reaffirmed in Dixon. Because the federal claim no longer bars the prosecution, the Court vacated the lower appellate judgment and remanded the case for the Texas constitutional double‑jeopardy claim to be considered.