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CUELLAR v. STATE

No. 0733-01.

70 S.W.3d 815 (2002)

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

Court of Criminal Appeals of Texas.

February 13, 2002.

Attorney(s) appearing for the Case

Richard E. Langlois, San Antonio, for Appellant.

Jeffrey L. Van Horn, Asst. State's Atty., Matthew Paul, State's Atty., Austin, for State.

OPINION

HOLCOMB, J., delivered the opinion of the Court, in which MEYERS, PRICE, JOHNSON, and COCHRAN, JJ., joined.

Texas Penal Code § 46.04(a) makes it an offense for a convicted felon to possess a firearm.1 The Fourth Court of Appeals held that a felony conviction set aside pursuant to Article 42.12, § 20, of the Texas Code of Criminal Procedure is not a felony conviction for purposes of Penal Code § 46.04(a...

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