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SMITH v. STATE

No. 856-85.

739 S.W.2d 848 (1987)

Dock Junior SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 12, 1987.

Attorney(s) appearing for the Case

Morris L. Overstreet, Amarillo, for appellant.

Bill Baumann, C.A., Amarillo, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON STATE'S PETITIONS FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

Dock Junior Smith, hereinafter appellant, was convicted by the jury of evading arrest, to-wit: intentionally fleeing from Leslie Nivens, an Amarillo Police Officer, while Nivens was attempting to arrest him. See V.T.C.A., Penal Code, § 38.04. The jury also assessed appellant's punishment at 45 days' confinement in the Potter County Jail and a $300 fine, and recommended that...

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