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

If a person pulls free and runs away from a police officer after the officer has grasped his arm and told him he is under arrest, under PC §38.06(a) [1], he has not esacped from custody. Escape can occur only after an officer has successfully restrained or restricted a suspect -- that is, when the officer's grasp has amounted to an arrest.  Warner v. State, PD-1644-06 [2].

Source URL: http://www.tdcaa.com/node/3002

Links:
[1] http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.008.00.000038.00.htm#38.06.00
[2] http://www.cca.courts.state.tx.us/OPINIONS/HTMLOPINIONINFO.ASP?OPINIONID=17126