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After reading Hobbs, No. PD-0570-04 (6/22/05), I am convinced that an offense under 38.04 is a continuing offense and thus merely because the offender crossed county or judicial district lines while in flight would not allow separate prosecutions in each jurisdiction. Anyone think it would make any difference if the identity of the officer involved in the chase changes? The statute refers to "a peace officer attempting". See Steels, 170 S.W.3d at 770.
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
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