Court of Criminal Appeals of Texas

A felony conviction set aside pursuant to the judicial clemency provision of Article 42.12, section 20, of the Texas Code of Criminal Procedure is not a felony conviction for purposes of Penal Code section 46.04(a), which makes it an offense for a convicted felon to possess a firearm; thus, there was no predicate felony conviction to support a conviction under section 46.04(a), and reversal of trial court's judgment affirmed.

Appellate Information

• Decided 02/13/2002
• Published 02/13/2002

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Richard E. Langlois, San Antonio, for Appellant., Jeffrey L. Van Horn, Asst. State's Atty., Matthew Paul, State's Atty., Austin, for State.