Ex parte Clay

Yeary, J., filed a dissenting opinion in which Keller, P.J., joined.

*286Applicant was convicted of the offense of possession of a firearm by a felon, under Section 46.04 of the Penal Code, a third degree felony, which carries a range of punishment of two to ten years in the penitentiary. TEX. PENAL CODE § 46.04(a)(1) & (e) ; § 12.34(a). The same prior felony conviction used to establish his status as a felon when he possessed the firearm was also alleged in one of two enhancement paragraphs that served to boost his exposure to that of an habitual offender-25 years to life. TEX. PENAL CODE §…