Gonzalez, Alex
PD-0741-15
| Tex. App. | Jun 19, 2015Background
- On Nov. 23, 2012 deputies responded to an assault report at Christus St. Catherine Hospital; appellant Alex Gonzalez matched the suspect/vehicle description.
- Deputies in uniform pulled into the hospital parking lot; one deputy (Laird) drew his firearm, shouted for Gonzalez to stop, and two patrol cars followed with emergency lights (and later a siren).
- Gonzalez drove through the parking lot, over speed bumps, past stop signs, and made a U‑turn through a red light; the pursuit lasted roughly two minutes and was captured on a patrol-car video.
- Gonzalez stopped only after a third patrol unit blocked the lot exit; he was arrested and charged with evading arrest with a motor vehicle (Tex. Penal Code § 38.04).
- A jury convicted Gonzalez of the third‑degree felony; after pleading true to two enhancements he received 25 years’ imprisonment.
- The First Court of Appeals affirmed; Gonzalez sought discretionary review arguing the court of appeals should have construed the reach of the evading-arrest statute because the facts (low speed, short distance, brief duration) do not establish the statutory offense.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Gonzalez) | Held |
|---|---|---|---|
| Whether evidence was legally sufficient to show Gonzalez intentionally fled from a known peace officer while using a motor vehicle | Video and deputy testimony show lights/siren, verbal commands, and movement away from officers for ≈2 minutes through the lot, supporting intent to flee | The chase was low‑speed, short in distance and duration; the court of appeals should construe the statute's reach — these facts do not establish intentional flight | Court of Appeals affirmed: viewing evidence in the light most favorable to the verdict, a rational juror could find Gonzalez knew officers attempted to detain him and intentionally fled |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Delay v. State, 443 S.W.3d 909 (Tex. Crim. App.) (legal‑sufficiency review can require statutory construction of penal reach)
- Wright v. State, 201 S.W.3d 765 (Tex. Crim. App.) (courts may construe statute to avoid absurd results)
- Shipp v. State, 331 S.W.3d 433 (Tex. Crim. App.) (plurality discussing scope of sufficiency review)
- Lopez v. State, 415 S.W.3d 495 (Tex. App.) (fleeing includes anything less than prompt compliance; slow fleeing is still fleeing)
- Griego v. State, 345 S.W.3d 742 (Tex. App.) (no specific speed/distance/duration required to show intent to flee)
- Mims v. State, 434 S.W.3d 265 (Tex. App.) (elements of evading arrest under § 38.04)
