Court of Criminal Appeals of Texas

The State of Texas v. Fredrick Dewayne Mason, Appellee

October 28, 19981998 Tex. Crim. App. LEXIS 145

Summary

The Court held that under Texas Penal Code § 46.04 the only element is the defendant's status as a felon, not the date of the prior felony conviction, and therefore reversed the Court of Appeals and remanded for prosecution under § 46.04. Justice Keller, in a concurring opinion, agreed with the result but argued that legislative history was unnecessary.