TDCAA Community
Allowable Unit of Prosecution- Evading Arrest

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/2161012801

December 12, 2005, 09:28
Martin Peterson
Allowable 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.