Kimberly Gonzalez v. State

OPINION

Opinion by

Justice Garza

Appellant Kimberly Gonzalez pleaded guilty to and was convicted of three counts of driving while intoxicated (“DWI”) with a child passenger, a state jail felony. See Tex. Penal Code Ann. § 49.045 (West, Westlaw through 2015 R.S.). Gonzalez argues on appeal that her convictions violated the Double Jeopardy Clause because they all arose from the same traffic accident. Because we agree, we vacate the judgment as to two of the counts, and affirm the judgment as to the remaining count.

I. Background

Gonzalez was the driver of a vehicle involved in a traffic accident on…