Jackson v. State

The majority today puts on its legislative caps and overrules precedent and in contravention of specific legislative intent requires the State to plead an additional element under Y.T.C.A., Penal Code, Section 38.04. Specifically, the State will be required to plead that a defendant knows that the officer pursuing him is attempting to arrest him.

In a line of cases beginning with Alejos v. State, 555 S.W.2d 444 (Tex.Cr.App.1977) (rehearing en banc), this Court listed the elements of evading arrest as:(1) a person(2) intentionally flees(3) from a peace officer(4) with knowledge he is a peace…