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GANT v. STATE

No. 09-03-527 CR.

153 S.W.3d 294 (2004)

Robert Dewayne GANT, Sr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided December 29, 2004.

Attorney(s) appearing for the Case

Karla J.M. Rogers, Vidor, for appellant.

John D. Kimbrough, County Atty., Gary R. Bonneaux, Asst. County Atty., Orange, for state.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

OPINION

STEVE McKEITHEN, Chief Justice.

Appellant was indicted for intentionally fleeing from a person he knew was a peace officer attempting to arrest him on or about February 16, 2002. An additional allegation indicated appellant had been previously convicted for evading detention in 1997, raising his punishment exposure to that of a third degree felony. See Tex. Pen.Code Ann. § 38.04(a), (b)(2)(A) (Vernon 2003). Following the jury's "guilty...

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