Redwine v. State

OPINION

KENT C. SULLIVAN, Justice.

Appellant, William Dale Redwine, was convicted of evading arrest using a vehicle, a third-degree felony. 1 However, the evidence is legally insufficient to prove appellant, while operating his vehicle, knew peace officers were attempting to arrest or detain him, an essential element of the offense. Therefore, we must reverse the conviction and render a judgment of acquittal.

I

BACKGROUND

On April 14, 2007, appellant was driving his pickup truck on County Road 26, a rural asphalt road in Smith County that has no lane dividers or medians, when he encountered a…