Whiting v. State

OPINION

CANTU, Justice.

Appeal is from a conviction for the misdemeanor offense of resisting arrest. TEX.PENAL CODE ANN. § 38.03 (Vernon 1974). A jury convicted appellant of the offense charged and the trial court assessed punishment at thirty days confinement and a fine of $200.00, probated for a year.1

Appellant initially challenges the sufficiency of the evidence to support his conviction. The salient facts are as follows.

On April 4, 1984, at approximately 9:40 a.m., appellant was observed speeding on IH-10 west of San Antonio in Bexar County by Texas Department of Public Safety troopers…