Fields v. State

OPINION ON APPELLANTS’ MOTION FOR REHEARING

ONION, Presiding Judge.

Our prior opinion on original submission is withdrawn.

The appellants were jointly tried for the Class B misdemeanor offense of intentional ly fleeing a peace officer attempting to lawfully arrest them. See V.T.C.A., Penal Code, § 38.04 (Evading Arrest). Upon conviction by a jury of each appellant the court assessed appellant Fields’ punishment at thirty (30) days in jail and appellant Peterson’s punishment at sixty (60) days in jail. On appeal both assert identical grounds of error.

Initially it is asserted that the evidence is…