X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Price, J., delivered the opinion of the Court in which Keller, P.J., joined except as to Part II, and Meyers, Womack, Johnson, Keasler, Hervey, Holcomb and Cochran, JJ., joined.

OPINION

The appellant was indicted under Section 46.04(a)(1) of the Texas Penal Code, for unlawful possession of a firearm by a felon.*fn1 The indictment alleged that the appellant’s state-jail-felony conviction for failure to comply with sex-offender registration requirements qualified him as a felon for purposes of Section 46.04(a)(1).*fn2 A jury found the appellant guilty. The trial court, after finding two of the four alleged enhancement paragraphs to be true,*fn3 identified the appellant as an habitual criminal and sentenced him to thirty-two years in prison. On June 6, 2008, the Third Court of Appeals, in a published opinion, affirmed the appellant’s conviction after finding the appellant’s state-jail-felony conviction sufficient to support his conviction under the unlawful possession of a firearm statute.*fn4 We granted the appellant’s petition for discretionary review to determine whether a state-jail felony is a “felony” for purposes of Section 46.04(a)(1), and therefore whether the evidence was legally sufficient to support the appellant’s conviction for possession of a firearm by a felon. Because we find that the term “felony” under Section 46.04(a)(1) includes state-jail felonies, we affirm the court of appeals’s holding that the appellant’s state-jail-felony conviction is legally sufficient to support his conviction.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
April 16, 2024 - April 17, 2024
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
April 16, 2024 - April 17, 2024
New York, NY

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Learn More
April 18, 2024
New York, NY

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More

Duane Morris LLP seeks a highly motivated junior associate to join its dynamic and growing Labor and Employment Class Action group in Chicag...


Apply Now ›

Duane Morris LLP has an immediate opening for a mid-level, highly motivated associate to join its dynamic and growing Employment, Labor, Ben...


Apply Now ›

Duane Morris LLP seeks a highly motivated senior associate or counsel to join its dynamic and growing Labor and Employment Class Action grou...


Apply Now ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
04/01/2024
New Jersey Law Journal

Becker is pleased to announce that Ronald L. Perl has joined the firm as Counsel in our Community Association Practice


View Announcement ›