Reggie v. State (Unpublished Memo): It’s a state jail felony to use a vehicle to evade arrest.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.
