Rodriguez v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted by a jury of the misdemeanor offense of evading arrest. V.T.C.A. Penal Code § 38.04. The jury also assessed punishment at six months imprisonment and a $750 fine, both of which were probated. On direct appeal, the court of appeals reversed appellant’s conviction and ordered the information to be dismissed.1 Rodriguez v. State, 737 S.W.2d 120 (Tex.App. — San Antonio 1987). We granted the State Prosecuting Attorney’s petition for discretionary review which presented two interrelated grounds for review, to…