CALTON v. STATE

No. PD-441-04.

176 S.W.3d 231 (2005)

Allen Fitzgerald CALTON, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

November 2, 2005.


Attorney(s) appearing for the Case

Jack V. Strickland, Fort Worth, for Appellant.

C. James Gibson, Asst. District Attorney, Fort Worth, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.


OPINION

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

Evading arrest is a third-degree felony if the actor uses a vehicle and has previously been convicted of evading arrest. We must decide whether the prior conviction must be proved at the guilt-innocence or punishment stage of trial. We conclude that it must be proved at the guilt stage of trial because the statute presents it as an element...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases