SynopsisBackground: Following his conviction, pursuant to guilty plea, of two counts of driving while intoxicated with a child passenger under 15 years of age, for which he was sentenced to ten years on each count, to run concurrently, applicant filed pro se application for writ of habeas corpus alleging that conviction on both counts violated double jeopardy. Application was forwarded from the 369th District Court, Cherokee County, and the Court of Criminal Appeals, 2020 WL 5650834, concluded that applicant alleged facts that, if true, might entitle him to relief, and remanded for findings of fact and conclusions of law as to whether applicant was sentenced to multiple punishments in violation of the Double Jeopardy Clause. On remand, the District Court agreed with applicant and recommended that the second count be vacated. The Court of Criminal Appeals, 2021 WL 476471, filed and set case to determine the appropriate unit of prosecution for offenses under the statute of conviction.Holding: The Court of Criminal Appeals, Keller, P.J., held that proper unit of prosecution for offense is each act of driving, not each child occupant.