Court of Criminal Appeals of Texas

Ricky Tapps, Appellant v. the State of Texas

September 30, 20092009 Tex. Crim. App. LEXIS 1390

Summary

The Texas Court of Criminal Appeals held that a state‑jail felony qualifies as a “felony” under Penal Code §46.04(a)(1), so the appellant’s prior conviction satisfied the predicate requirement for unlawful possession of a firearm. The Court affirmed the Court of Appeals’ judgment after a de novo construction of the statutory language.