THRONEBERRY v. STATE

No. 2-01-079-CR.

72 S.W.3d 389 (2002)

Orvell Daniel THRONEBERRY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled April 11, 2002.

Publication Ordered May 2, 2002.

Discretionary Review Dismissed June 19, 2002.


Attorney(s) appearing for the Case

James Rasmussen, Wichita Falls, for appellant.

Tim Cole, District Attorney, Montague, for appellee.

PANEL B: HOLMAN, GARDNER, and WALKER, JJ.


OPINION

DIXON W. HOLMAN, Justice.

Appellant Orvell Daniel Throneberry appeals his conviction and twenty-five-year sentence for felony evading arrest. Appellant asserts three points: (1) the trial court lacked jurisdiction to try the instant offense as a third degree felony under penal code section 38.04 because Appellant's prior evading arrest conviction was not a "final conviction"; (2) the trial court erred in overruling Appellant's motion for instructed...

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