White v. State

OPINION

ONION, Presiding Judge.

The instant appeal was taken from a conviction upon a trial by jury for resisting arrest, V.T.C.A., Penal Code, § 38.03. The issue of punishment was tried to the court, which assessed punishment at thirty (30) days’ confinement and a fine of $150.00.

In the early morning hours of May 12, 1977, Richard Hernandez, a patrol officer for the Corpus Christi Police Department, overheard a radio call for assistance in pursuing a fleeing motorcyclist. The suspect was said to be on a gold-colored motorcycle, and wearing a brightly-colored helmet. Since officer Hernandez was…