Clark v. State

Delbert Ray Clark, Jr. was indicted for the offense of evading arrest or detention with a motor vehicle, a third-degree felony. See Tex. Penal Code Ann. § 38.04(a), (b) (West 2016). The indictment included an allegation that Clark used a motor vehicle as a deadly weapon. See Tex. Penal Code Ann. § 1.07(a)(17)(B) (West Supp. 2018). The indictment also contained an enhancement paragraph regarding his prior felony convictions. See generally Tex. Penal Code Ann. § 12.42 (West Supp. 2018).

Clark entered an open plea of guilty to the offense of evading arrest or detention with a motor vehicle and…