Deltenre v. State

OPINION

MEYERS, Justice.

The issue in this case is whether a jailer is a peace officer. For the reasons set forth below, we find jailers are not peace officers.

Deltenre was convicted of escape, see TEX.PENAL CODE ANN. sec. 38.07 (Vernon 1989), and sentenced to forty-five years in the Texas Department of Corrections after two enhancement paragraphs were found to be true. On appeal, as in the court below, Deltenre contends the State alleged Deltenre escaped from the custody of a peace officer, but proved only that Deltenre escaped from the custody of a jailer; not a peace officer. Thus, Deltenre…