Benson v. Texas (original by judge hervey)
Annotate this CaseApplicant was convicted of both intoxication assault and felony DWI. These convictions arose from the same incident, a traffic accident on October 17, 2010 in which Charles Bundrant suffered serious bodily injury. The felony DWI count was based on the fact that applicant had two prior DWI convictions. Applicant filed a habeas application alleging, among other things, that conviction for both intoxication assault and felony DWI violated his double-jeopardy right to be free from multiple punishments. After review, the Court of Criminal Appeals concluded that intoxication assault and felony DWI were not the same offense even thought they arose from the same transaction. Therefore, the Court denied applicant habeas relief.
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