December 12, 2005, 09:28
Martin PetersonAllowable Unit of Prosecution- Evading Arrest
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.