## Facts

- U.S. Marshals attempted to arrest Demarcus Degrate on a sealed federal indictment for felon in possession of a firearm; Degrate fled.
- During the pursuit, a marshal testified he heard Keiona Nowlin shout to Degrate, “Run baby run! Get away.”
- Another marshal testified Nowlin said she told Degrate words to the effect of “Those are the marshals,” or “That’s the laws. Run.”
- Nowlin attempted to flee and was detained.
- Nowlin told an officer she did not want Degrate arrested because he was “out on bond” for unspecified state charges.
- The State charged Nowlin with hindering apprehension under Texas Penal Code § 38.05 and sought to elevate it to a third-degree felony by alleging Nowlin knew Degrate was “charged with a felony.”
- A jury convicted Nowlin of felony hindering apprehension and she received a four-year prison sentence.

## Issues

1. Whether legally sufficient evidence showed Nowlin knew Degrate was “charged with a felony offense,” as required to enhance hindering apprehension from a Class A misdemeanor to a third-degree felony under Texas Penal Code § 38.05.

## Decision

- The Texas Court of Criminal Appeals held the evidence was legally insufficient to prove Nowlin knew Degrate was charged with a felony.
- The court held the evidence was sufficient to support the lesser-included offense of Class A misdemeanor hindering apprehension.
- The court reformed the judgment to reflect a misdemeanor conviction and remanded for a new punishment hearing.

## Legal Principles

- Under Texas Penal Code § 38.05, felony enhancement for hindering apprehension requires proof beyond a reasonable doubt that the defendant knew the person aided was charged with or convicted of a felony.
- Legal-sufficiency review applies the Jackson v. Virginia standard and prohibits convictions resting on speculative inferences rather than evidence.
- A sealed indictment, without evidence that the suspect or the defendant was informed of it, does not support an inference that the defendant knew of the felony charge.
- Evidence that a person is “out on bond” for unspecified charges, without proof those charges are felonies, does not establish knowledge of a felony charge.
- When evidence fails as to an enhancement element but supports a lesser-included offense, an appellate court may reform the judgment to the lesser offense and remand for a new punishment proceeding.

## Conclusion

The court reversed the felony enhancement because the State did not prove Nowlin knew Degrate was charged with a felony, reformed the conviction to misdemeanor hindering apprehension based on her warning and conduct during the chase, and remanded for a new punishment hearing.


Nowlin v. State, 473 S.W.3d 312 (Tex. Crim. App. 2015)