State v. Neff

OPINION

BARAJAS, Justice.

This is an appeal from an order granting Appellee’s pretrial plea of double jeopardy in a prosecution for driving while intoxicated. In a single point or error, the State asserts that the trial court erred in holding that a prior conviction for driving in the left turn lane — not turning, barred prosecution for the offense of driving while intoxicated under the double jeopardy clause.1 We affirm.

I. SUMMARY OF THE EVIDENCE

On April 1, 1990, Appellee was arrested for both misdemeanor offenses of driving while intoxicated in violation of Article 6701Z-1, Texas Revised…