Ex Parte Yusulf Shaheed Benson, Applicant

Summary

The Court of Criminal Appeals of Texas denied the applicant's habeas corpus petition, holding that intoxication assault and felony DWI are not the same offense for double‑jeopardy purposes and therefore cumulative punishments are permissible. The decision is based on a Blockburger elements analysis and an examination of the Ervin factors, which together show legislative intent to treat the offenses separately. Justice Meyers, dissenting, argued that the prior convictions are merely jurisdictional elements and that the offenses should be considered the same under double jeopardy.