Powell v. State

OPINION ON REMAND

FELIPE REYNA, Justice.

A jury convicted Michael Powell of evading arrest in a vehicle, elevated by a prior evading arrest conviction to the level of a third degree felony. We must determine whether evading arrest on foot is a lesser-included offense of evading arrest by vehicle. 1 Because we will conclude that no rational trier of fact could have found that Powell did not use a vehicle during part of his flight from the officer, we will affirm.

An offense is a lesser-included offense if it is: (1) “included within the proof necessary to establish the offense charged”; and (2)…