Published on Texas District & County Attorneys Association (http://www.tdcaa.com)
Farrakhan v. State - CCA

The court of appeals correctly determined that Transp. Code §545.421 [1] (fleeing a police officer) is not a lesser-included offense of PC §38.04 [2] (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 [3].

Source URL: http://www.tdcaa.com/node/2322

Links:
[1] http://tlo2.tlc.state.tx.us/statutes/docs/TN/content/htm/tn.007.00.000545.00.htm#545.421.00
[2] http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.008.00.000038.00.htm#38.04.00
[3] http://www.cca.courts.state.tx.us/OPINIONS/HTMLOPINIONINFO.ASP?OPINIONID=16634