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Click here for the full text of this decision FACTS:Around 10:00 p.m., the appellant fled in his vehicle from a police officer when the officer attempted to stop him. Appellant drove his vehicle into a field. The officer did not pursue appellant for fear of damaging his patrol car. The police set up a perimeter and began searching for appellant. They later found appellant’s abandoned vehicle in another field. Police, with the help of a dog, searched for appellant until 2:30 a.m., at which time the police suspended the search because the dog and the officers were tired and the field was too dark to effectively search for appellant. The police resumed the search at 8:30 a.m. and eventually found appellant hiding in a woodshed attached to a home eight miles from where appellant abandoned his vehicle. A jury convicted the appellant of felony evading arrest and burglary of a habitation with the intent to commit felony evading arrest. The jury assessed appellant’s punishment, enhanced by three prior felony convictions, at 40 years’ confinement for each offense. The trial court ordered these sentences to run concurrently. The appellant claimed on direct appeal that the evidence is insufficient to support his conviction for burglary of a habitation with intent to commit felony evading arrest because the felony evading arrest offense was completed when appellant abandoned his vehicle before appellant’s entry into the habitation. The court of appeals rejected this claim and decided that the felony evading arrest “continued until appellant was later caught and arrested.” HOLDING:Affirmed. The record does not support a finding that the police gave up the pursuit. Instead, the record reflects that the pursuit was temporarily suspended and resumed several hours later when it was feasible for the officers to effectively search for the appellant. This case does not present the situation described in appellant’s brief of the successful evader who commits a criminal trespass days, weeks, months or years later. A decision that the felony evading arrest offense continued until appellant’s apprehension is dispositive of whether appellant intended to commit this felony when he entered the woodshed. If (as everyone apparently agrees) the felony evading arrest offense in this case is a continuing offense, the evidence must show only that appellant used a vehicle at some time during the commission of this offense for him to be guilty of the burglary offense. It is not necessary for the evidence to show that appellant intended to use a vehicle again when he entered the woodshed. The dissenting opinion essentially would decide that appellant committed a separate misdemeanor evading arrest offense when he entered the woodshed while he was still in the process of committing the other felony evading arrest offense. OPINION:Barbara P. Hervey, J., delivered the opinion of the Court in which Keller, PJ., Meyers, Womack, Johnson, Keasler, Holcomb, JJ., joined. Cochran, J., filed a dissenting opinion in which Price, J., joined. DISSENT:Cathy Cochran, J. “I do not think that there was legally sufficient evidence to prove that, at the moment appellant broke into Barbara Waldrip’s woodshed, he had the intent to commit, after his entry, the felony offense of evading arrest by using a vehicle.”

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