Calton v. State

176 S.W.3d 231 (2005)

Allen Fitzgerald CALTON, Appellant,

v.

The STATE of Texas.

No. PD-441-04.

Court of Criminal Appeals of Texas, En Banc.

November 2, 2005.

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…