Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant, Dwayne Keith Jordan, has filed a motion for rehearing asking us to re-examine our opinion of May 24, 2001, in which we affirmed his conviction. We withdraw our opinion and judgment of May 24, 2001, and issue this opinion in its place. We expand our treatment of points of error three and eight to address their merits, but deny appellant’s motion for rehearing.

Appellant was charged by indictment with possession of a firearm by a felon. Tex. Pen. Code Ann. � 46.04 (Vernon 1994). Appellant pled guilty, pursuant to a plea-bargain agreement. The trial court found appellant guilty and assessed punishment at five years in prison. Appellant brings eight points of error, claiming the denial of his motion to quash the indictment was reversible error because: the term “possess” has multiple statutory meanings and is vague; the term “firearm” was not described in the indictment; and section 46.04 of the Penal Code, as applied to appellant, violates (1) the Texas Constitution’s restrictions on the authority of the legislature to limit the right to “wear” firearms, (2) the due process, due course of law, and ex post facto provisions of the Texas and United States Constitutions, and (3) the Texas Constitution’s prohibitions against retroactive laws. We affirm.

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

Premium Subscription

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

Team Accounts

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

Bundle Subscriptions

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

New Jersey Legal Awards (NJLA) 2022

September 29, 2022
Florham Park, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.

Learn More

New York Legal Awards 2022 (NYLA)

October 06, 2022
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Women, Influence & Power in Law Awards (WIPLA) 2022

October 18, 2022
Washington, DC

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.

Learn More

Assistant General Counsel

An international multibillion-dollar manufacturing company in Tampa is seeking an Associate General Counsel to handle a variety of the compa...

Apply Now ›

Tax and T&E Attorney

The Tampa office of a highly-regarded regional law firm is seeking to add depth to their strong transactional team by adding experienced tax...

Apply Now ›


Shipman is seeking two attorneys, one with 4-6 years of experience and one with 8+ years of experience, to join our corporate and transactio...

Apply Now ›


DR Web

Schulten Ward Turner & Weiss, LLP is pleased to announce that John Gracia has joined the firm as a partner.

View Announcement ›



WISNIEWSKI & ASSOCIATES LLC Takes pleasure in announcing that Civil Litigator DOUGLAS R. D ANTONIO has become a Partner of the Firm.

View Announcement ›



Schulten Ward Turner & Weiss, LLP would like to announce that...

View Announcement ›