McILROY v. STATE

Nos. 2-04-308-CR, 2-04-309-CR.

188 S.W.3d 789 (2006)

Kimberly Denise Lewis McILROY a/k/a Kimberly Densie Lewis, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

March 9, 2006.


Attorney(s) appearing for the Case

The Kearney Law Firm, Wm. Reagan Wynn, Fort Worth, for Appellant.

Tim Curry, Criminal District Atty., Charles M. Mallin, Asst. Criminal District Atty., and Chief of the Appellate Division, Helena F. Faulkner, Alton Estrada, Sam Williams, Asst. Criminal District Attys., Fort Worth, for State.

Panel B: DAUPHINOT, WALKER, and McCOY, JJ.


OPINION

SUE WALKER, Justice.

I. INTRODUCTION

The primary issue we address in this appeal is whether the State may read to the jury—over the defendant's objection— the type of prior felony offense the defendant committed when it is alleged in an indictment for possession of a firearm by a felon and when the defendant has agreed to stipulate to the prior felony and to her status as a felon. We hold that when a defendant charged with...

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