Court of Criminal Appeals of Texas
Ex Parte Frank Eugene Watson, Appellant
December 16, 20092009 Tex. Crim. App. LEXIS 1747
Summary
The Court held that the failure‑to‑yield‑right‑of‑way offense is not a lesser‑included offense of intoxication assault under Hall, and therefore the appellant’s prosecution for intoxication assault is not barred by the Double Jeopardy Clause; the judgment of the Court of Appeals is affirmed. Justice COCHRAN’s concurrence and Justice WOMACK’s dissent are noted.