Ex Parte Watson

OPINION

in which KELLER, P.J., JOHNSON, KEASLER, HERVEY, and COCHRAN, JJ., joined.

In this case, we must determine whether (1) appellant’s prosecution for intoxication assault1 included as one of its elements the offense of failure to yield right-of-way; 2 (2) the offense of failure to yield *261right-of-way was thus a lesser-included offense of intoxication assault under this Court’s decision in Hall v. State, 225 S.W.3d 524 (Tex.Crim.App.2007); and (3) the prosecution for intoxication assault was therefore barred because he had already been punished for the offense of failure to yield…