Ex Parte Frank Eugene Watson, Appellant

Summary

The Court held that the failure‑to‑yield right‑of‑way offense is not a lesser‑included offense of intoxication assault, so the appellant’s prosecution for intoxication assault is not barred by double jeopardy. The majority applied the two‑step Hall analysis, finding the offenses distinct, and affirmed the lower court’s judgment. Justice WOMACK dissented, arguing the failure‑to‑yield offense was a lesser‑included offense, while Justices COCHRAN and KELLER filed concurring opinions emphasizing the proper use of the Blockburger test.