State v. Brown

OPINION

Opinion by Chief Justice MORRISS.

In its indictment, the State alleged that, on or about July 26, 2009, Christopher Charles Brown fled from Officer Ronnica Blake in a motor vehicle — a violation of Section 38.04 of the Texas Penal Code1— and that, in the process, Brown used or displayed a deadly weapon, that is, the motor vehicle. The deadly weapon allegation, if proven, would make the offense punishable as a third-degree felony. Tex. Penal Code Ann. § 12.35 (Vernon Supp. 2009).

*489Brown presented a two-fold attack on the indictment in the trial court, and the trial court quashed the…