RODRIGUEZ v. STATE

No. 1114-87.

799 S.W.2d 301 (1990)

Abelardo RODRIGUEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 21, 1990.


Attorney(s) appearing for the Case

Dwain Downing, Del Rio, for appellant.

Enrique Fernandez, County Atty., and Carmen Rivera-Worley, Asst. County Atty., Del Rio, Robert Huttash, State's Atty., and Carl E.F. Dally, Sp. State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted by a jury of the misdemeanor offense of evading arrest. V.T.C.A. Penal Code § 38.04. The jury also assessed punishment at six months imprisonment and a $750 fine, both of which were probated. On direct appeal, the court of appeals reversed appellant's conviction and ordered the information to be dismissed.1 Rodriguez v. State,...

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