Jackson v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

Demetria Jackson, hereinafter referred to as the appellant, after a bench trial, was convicted of committing the offense of evading arrest. See V.T.C.A., Penal Code, Section 38.04, which provides that a person commits the offense of evading arrest if he intentionally flees from a person he knows is a peace officer attempting to arrest him. It is an exception to the application of this section if the attempted arrest is unlawful. The trial judge assessed punishment at 10 days’ confinement in the Harris County Jail, probated, and…