Defendant motion court to reduce charge when the Officers report shows all elements of TC 545.421 present but Prosecution charged PC 38.04.

It appears that on appeal the courts have ruled that TC is not a lesser offense of PC but then it would seem that the TC requires more elements be proven then the PC code.

Can that be right?

When defendant was not speeding or driving recklessly but failed to stop immediately and contends he stopped upon awareness that officer was attempting to stop him.

How do you handle this?

Point out that the State gets to decide what it wants to charge, and the defendant can ask for a lesser included offense instruction at trial?

Which, from the prior posting history, seems like is the poster as the defendant...

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I am researching appeals decisions. Opinions seem split on whether TC is lesser included of PC due to the additional elements of TC offense.

I thought someone might be able to answer why TC would require more elements be charged then the PC code when PC is the felony. Thats all.

My post regards defendats who have filed appeals for example PEAVEY v. STATE No. 03-06-00342-CR.