Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Tapps v. State

Having determined that a state-jail felony can be a predicate felony conviction under �46.04(a) of the Texas Penal Code, we conclude that the appellant's previous conviction for failure to register as a sex offender, a state-jail-felony offense, provided sufficient evidence to satisfy the State's burden that the appellant had been convicted of a felony. Texas Court of Criminal Appeals, No. PD-0946-08, 09-30-2009

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

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
Go to CLE Center
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
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
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs