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POWELL v. STATE

No. 10-02-00358-CR.

206 S.W.3d 142 (2006)

Michael Dewayne POWELL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

September 27, 2006.

Attorney(s) appearing for the Case

N. Grant Kinsey, Kinsey & Lee, Gatesville, for appellant.

John W. Segrest, McLennan County Dist. Atty., Waco, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION ON REMAND

FELIPE REYNA, Justice.

A jury convicted Michael Powell of evading arrest in a vehicle, elevated by a prior evading arrest conviction to the level of a third degree felony. We must determine whether evading arrest on foot is a lesser-included offense of evading arrest by vehicle.1 Because we will conclude that no rational trier of fact could have found that Powell did not use a vehicle during part of his flight...

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