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 therefore must be proved at the guilt phase of trial. The majority affirmed the Court of Appeals' judgment and rejected the State's argument that the prior conviction is merely an enhancement. A dissent argued that the prior conviction is an enhancement, not an element, and would reverse the appellate judgment. The decision rests on a plain‑language reading of Tex. Penal Code §38.04.