Alejos v. State

OPINION ON STATE’S MOTION FOR REHEARING

ONION, Presiding Judge.

This appeal is from a conviction for evading arrest under V.T.C.A., Penal Code, § 38.04. In a bench trial following a not guilty plea, punishment was assessed at fifteen (15) days in the county jail and at a fine of $125.00. The court then placed the appellant on misdemeanor probation for twelve (12) months. See Article 42.13, Vernon’s Ann.C.C.P.

On original submission we reversed the conviction holding that Article 6701d, § 186, Vernon’s Ann.C.S. (fleeing or attempting to elude a police officer) and said § 38.04 of the new Penal…