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Ex parte Watson

The defendant's prosecution for intoxication assault was not barred by double jeopardy when failure to yield right-of-way was included as one of the elements and the defendant had already been punished for the offense of failure to yield right-of-way. The elements of intoxication assault required the State to prove that the defendant had driven a car while intoxicated and by reason of that intoxication caused bodily injury by accident or mistake. The State needed to show only that he caused bodily injury. The manner in which he did so was not an element of the offense.

Ex parte Watson No. PD-0294-08