Legal Opinion

Smith v. State

Court of Criminal Appeals of Texas

Decided November 12, 1987No. 856-85PublishedCited by 45 opinions

1Opinion of the Court

OPINION ON STATE’S PETITIONS FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

Dock Junior Smith, hereinafter appellant, was convicted by the jury of evading arrest, to-wit: intentionally fleeing from Leslie Nivens, an Amarillo Police Officer, while Nivens was attempting to arrest him. See V.T.C.A., Penal Code, § 38.04. The jury also assessed appellant’s punishment at 45 days’ confinement in the Potter County Jail and a $300 fine, and recommended that the fine only be probated, which recommendation the trial judge followed.

The charging instrument in this cause does not allege what offense appellant had…

2Cases cited17 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Coolidge v. New HampshireSupreme Court of the United States · 1971
  3. United States v. Brignoni-PonceSupreme Court of the United States · 1975
  4. Johnson v. StateCourt of Criminal Appeals of Texas · 1983
  5. Brown v. StateCourt of Criminal Appeals of Texas · 1972

12 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. State v. BallardCourt of Criminal Appeals of Texas · 1999
  2. Redwine v. State, Texas Court of Appeals, 14th District (Houston)2010
  3. Rodriguez v. State, Texas Court of Appeals, 6th District (Texarkana)1998
  4. Johnson v. State, Texas Court of Appeals, 5th District (Dallas)1993
  5. In re D.W.L.Court of Appeals of Texas · 1992

40 more not listed; retrieve them via the Exa API.

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