Green v. State

OPINION

RICHARDS, Justice.

Appellant, Edward Warren Green, II, appeals his conviction for the offense of failure to identify. Tex.Penal Code Ann. § 38.02 (Vernon Supp.1994).

The question we must address is whether a misdemeanor information charging the offense of failure to identify must allege that the defendant had knowledge the person detaining him was a peace officer.

Section 38.02, in pertinent part, provides:

Failure to Identify.(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the…