Jeremy Calin Duvall v. State, 367 S.W.3d 509

Duvall was driving southbound on Gilmer Road in Longview, Texas, when a northbound officer clocked him at 51 mph in a 40 mph zone and pursued him without lights or siren.
Duvall’s vehicle left the roadway, struck a tree and a residence, and Duvall was not at the scene but was later arrested for evading arrest in a vehicle.
A jury convicted Duvall and sentenced him to four years’ imprisonment and a $4,000 fine.
On appeal, Duvall argued there was legally insufficient evidence that he knew the officer was attempting to detain him.
The court reversed and rendered a judgment of acquittal, finding no evidence the officer showed authority or that Duvall knew he was being detained.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there is legally sufficient evidence that Duvall knew the officer was attempting to detain him	Duvall	State	Yes; insufficient evidence showing knowledge of detention

Rodriguez v. State, 799 S.W.2d 301 (Tex. Crim. App. 1990) (knowledge of officer attempting to arrest is essential)
Jackson v. State, 718 S.W.2d 724 (Tex. Crim. App. 1986) (gravamen is evading arrest, not evasion of officer)
Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (rigorous sufficiency review; weigh testimony conflicts)
Redwine v. State, 305 S.W.3d 360 (Tex. App.—Houston [14th Dist.] 2010) (no show of authority; uncertain officer testimony; acquittal)
Alejos v. State, 555 S.W.2d 444 (Tex. Crim. App. 1977) (statutory purpose to deter flight from show of authority)
Griego v. State, 345 S.W.3d 742 (Tex. App.—Amarillo 2011) (sufficiency when officers’ show of authority is lacking)