Throneberry v. State

OPINION

DIXON W. HOLMAN, Justice.

Appellant Orvell Daniel Throneberry appeals his conviction and twenty-five-year sentence for felony evading arrest. Appellant asserts three points: (1) the trial court lacked jurisdiction to try the instant offense as a third degree felony under penal code section 38.04 because Appellant’s prior evading arrest conviction was not a “final conviction”; (2) the trial court erred in overruling Appellant’s motion for instructed verdict because there was insufficient evidence that the officer who arrested Appellant was “attempting a lawful arrest” as alleged in the…