Buckingham v. State

OPINION

DOUGLAS, Judge.

Appellant was convicted by a jury for the offense of willfully fleeing from a police officer in violation of Art. 6701d, Section 186(a), Vernon’s Ann.Civ.Stat. Punishment was assessed by the court at a fine of Five Hundred Dollars ($500.00).

In Stein v. State, 515 S.W.2d 104 (Tex.Cr.App., 1974), and Harvey v. State, 515 S.W.2d 108 (Tex.Cr.App., 1974), we held that the penalty subsection of Art. 6701d, Section 186(b), Vernon’s Ann.Civ. Stat., was unconstitutional because the caption failed to apprise the legislators and the general public that a specific penalty was added…