CUELLAR v. STATE

No. 04-99-00194-CR.

40 S.W.3d 724 (2001)

Rudy Valentino CUELLAR, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

March 14, 2001.


Attorney(s) appearing for the Case

Richard E. Langlois, Law Offices of Richard E. Langlois, San Antonio, for Appellant.

Homas F. Lee, Dist. Atty., Del Rio, for Appellee.

RICKHOFF, Justice, STONE, Justice, (concurring without opinion), GREEN, Justice.


OPINION

PAUL W. GREEN, Justice.

Rudy Valentino Cuellar was convicted of the offense of unlawful possession of a firearm by a felon pursuant to TEX. PEN. CODE ANN. § 46.04 (Vernon 1994). Cuellar argues the evidence is legally insufficient to support the conviction because he is not a "convicted felon" for purposes of Section 46.04. We agree. The conviction is reversed and Cuellar is ordered acquitted.

Background

In 1976, Cuellar...

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