Farrakhan v. State - CCA

The court of appeals correctly determined that Transp. Code §545.421 (fleeing a police officer) is not a lesser-included offense of PC §38.04 (evading detention with a motor vehicle). Even though the court of appeals used the term "functional equivalence," the court employed the same two-step method of conducting lesser-included offense analyses that the Court of Criminal Appeals laid out in Hall. Farrakhan v. State, PD-1984-06.