Section, subsection, what’s the difference?

Reggie v. State (Unpublished Memo): It’s a state jail felony to use a vehicle to evade arrest.  Texas Penal Code § 38.04(b).  Under Texas Penal Code § 38.04(b)(2)(A), it’s a third degree felony to use a vehicle to evade arrest if you’ve got a prior conviction “under this section.”  Reggie had a prior conviction for evading arrest, but that one wasn’t in a vehicle.  So does “under this section” mean any evading arrest conviction, or is it limited to a prior vehicular evading arrest?

Any evading arrest will do.  Section 38.04 is entitled “Evading Arrest or Detention.”  The provision concerning the use of a vehicle is a subsection.

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