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.