Tumlinson v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction in a trial before the court for the offense of willfully fleeing from a police officer in violation of Article 6701d, Section 186(a), Vernon’s Ann.C.S. Punishment was assessed at thirty (30) days in jail and a fine of One Hundred Fifty and no/100 Dollars ($150.00) ; however, the imposition of sentence was suspended and appellant was placed on probation.

In Stein v. State, Tex.Cr.App., 515 S.W.2d 104, and Harvey v. State, Tex.Cr.App., 515 S.W.2d 108 (decided September 18, 1974), we held that the penalty subsection of Article 6701d,…