Allen Fitzgerald Calton, Appellant v. the State of Texas

Summary

The Court held that a prior conviction for evading arrest is an element of the third-degree felony offense and must be proved at the guilt phase of trial, affirming the Court of Appeals. It reasoned that the plain language of Tex. Penal Code §38.04 incorporates the prior conviction into the statutory definition of the offense. The Court affirmed the judgment and remanded for a new sentencing hearing. Justice Womack dissented, arguing that the prior conviction is merely an enhancement, not an element, and would reverse the appellate decision.