Rodriguez v. State

*121OPINION

CANTU, Justice.

Abelardo Rodriguez appeals his jury conviction of evading arrest. See TEX.PENAL CODE ANN. § 38.04 (Vernon 1974).

Punishment was assessed by the same jury at confinement for a period of six months. A fine of $750.00 was also assessed. The punishment was probated.

In his brief appellant challenges the sufficiency of the evidence to support his conviction. However, during oral argument appellant raised, for the first time as fundamental error, the sufficiency of the information to allege the offense of evading arrest. Because we agree that the information is subject to the…