Rodriguez v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for evading arrest. V.T.C.A., Penal Code Sec. 38.04. After a bench trial punishment was assessed at 30 days in jail, and appellant was put on probation for six months.

Appellant contends that his detention and arrest were unlawful and that the evidence is therefore insufficient to support the conviction.

In Alejos v. State, Tex.Cr.App., 555 S.W.2d 444, 448, we listed the elements of evading arrest:(1) a person(2) intentionally flees(3) from a peace officer(4) with knowledge he is a peace officer(5) peace officer is attempting to arrest…