# Ex Parte Watson

> Court of Criminal Appeals of Texas · December 16, 2009 · 306 S.W.3d 259

URL: https://www.frixlaw.com/law-library/cases/9677080

## Case

- **Full name:** Ex Parte Frank Eugene WATSON, Appellant
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** December 16, 2009
- **Citations:** 306 S.W.3d 259; 2009 Tex. Crim. App. LEXIS 1747; 2009 WL 1212565
- **Precedential status:** Published
- **Opinion:** Concurrence by Keller
- **Judges:** Keller, Johnson, Keasler, Hervey, Cochran, Womack, Meyers, Price, Holcomb
- **Cited by:** 195 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9677080

## How later opinions describe it (automated extraction)

- stating that an offense is a lesser-included offense of another offense under article 37.09(1) if the indictment for the greater-inclusive offense alleges all of the elements of the lesser-included offense
- clarifying, in intoxication-assault case, that particular manner in which injury was caused was not “element” of offense and, thus, this descriptive language in indict ment should not be considered at first step of lesser-included offense analysis
- recognizing that Hall v. State, 225 S.W.3d 524, 535 (Tex. Crim. App. 2007) applies when performing a double jeopardy analysis
- discussing Hall v. State, 225 S.W.3d 524 (Tex. Crim. App. 2007)

## Opinion text

KELLER, P.J.,
filed a concurring opinion in which COCHRAN, J., joined.
There is no need for us to decide whether the allegation “failing to yield the right of way while turning left” is an element of the offense of intoxication assault in this case. Even if it were, the intoxication assault offense does not include the transportation code offense alleged by appellant because the transportation code offense contains at least one extra element that is not included in any of the allegations in the indictment.
Appellant relies upon Transportation Code § 545.152, titled: “Vehicle Turning Left.” 1 That statute provides:
To turn left at an intersection or into an alley or private road or driveway, an operator shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an immediate hazard.” 2
So the statute contains an element that is not in appellant’s indictment: that there is a vehicle “approaching from the opposite direction.” This statute does not, for example, apply when the approaching vehicle comes from the right or the left, instead of from the opposite direction.
The allegation “failing to yield the right of way while turning left” may sound like the allegation of a particular offense, but it is not. It is simply an allegation of conduct. Moreover, a number of other transportation code provisions could be violated by someone engaging in such conduct. One could, while turning left, fail to yield the right-of-way by failing to yield at a stop sign, a yield sign, or a traffic light; 3 by failing to yield to traffic on a paved street when turning from an unpaved street; 4 by failing to yield to traffic approaching an intersection “from the operator’s right”; 5 by failing to yield to traffic on a through street while turning from a street that terminates at a “T” intersection; 6 and by failing yield the right-of-way while turning from an alley, building, private road, or driveway to a vehicle approaching on a highway. 7 Because the indictment alleged conduct, rather than an offense under § 545.152, double jeopardy does not bar prosecution for intoxication assault.
With these comments I join the Court’s opinion.
. Tex. Transp. Code § 545.152.
. Id. (emphasis added).
. Id., § 545.151(a); see also id., § 545.153.
. Id., § 545.151(c).
. Id., § 545.151(d).
. Id., § 545.151(e).
. Id., § 545.155.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9677080. Public record. Not legal advice.