Legal Opinion

Doyle v. State

Court of Criminal Appeals of Texas

Decided April 28, 1982No. 59065PublishedCited by 116 opinions

1Opinion of the Court

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for unlawful possession of a firearm by a felon. V.T.C.A. Penal Code, § 46.05. Punishment, enhanced by two prior felony convictions, is imprisonment for life.

Appellant challenges the State’s proof of the two enhancement convictions. The sufficiency of the evidence to sustain the conviction is not challenged. In the interest of justice, however, we note fundamental error in the court’s charge, and reverse appellant’s conviction on that ground.

The indictment in this case alleged that appellant knowingly and intentionally possessed a…

2Cases cited3 opinions

  1. Cumbie v. StateCourt of Criminal Appeals of Texas · 1979
  2. West v. StateCourt of Criminal Appeals of Texas · 1978
  3. Tew v. StateCourt of Criminal Appeals of Texas · 1977

3Cited by116 opinions

  1. Abdnor v. StateCourt of Criminal Appeals of Texas · 1994
  2. Garrett v. StateCourt of Criminal Appeals of Texas · 1988
  3. Carter v. StateCourt of Criminal Appeals of Texas · 1983
  4. Jenkins v. StateCourt of Criminal Appeals of Texas · 1987
  5. Jones v. StateCourt of Criminal Appeals of Texas · 1991

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