Gary McGee v. State

Summary

The Texas Court of Appeals, Eighth District, affirmed Gary McGee’s conviction for evading arrest or detention with a motor vehicle and the deadly-weapon finding. The court held that the evidence was legally sufficient to establish McGee’s identity, knowledge that the officer was attempting to detain him, and use of the vehicle in a manner capable of causing death or serious bodily injury.

Holdings

1. The evidence was legally sufficient for a rational jury to find beyond a reasonable doubt that McGee was the motorist who initially sped past the trooper and later evaded him.
2. The evidence was legally sufficient for a rational jury to find beyond a reasonable doubt that McGee knew the trooper was attempting to detain him and intentionally evaded arrest or detention.
3. The evidence was legally sufficient to support the finding that McGee used his motor vehicle as a deadly weapon because he operated it during the felony in a manner capable of causing death or serious bodily injury.

Questions Presented

1. Whether the evidence was legally sufficient to establish that McGee was the motorist who initially sped past and subsequently evaded the trooper.
2. Whether the evidence was legally sufficient to establish that McGee knew the trooper was attempting to lawfully detain him and intentionally fled.
3. Whether the evidence was legally sufficient to support the finding that McGee used his motor vehicle as a deadly weapon during the felony evasion offense.

Disposition

affirmed