Ex Parte Carner

OPINION

in which KELLER, P.J., and PRICE, WOMACK, JOHNSON, KEASLER, COCHRAN and ALCALA, JJ., joined.

Applicant, Kenneth Carner, was convicted of evading arrest. Pursuant to Section 88.04(b)(1)(A), he was found guilty of a state-jail felony that was enhanced to a second-degree felony. Tex. Penal Code § 38.04(b)(1)(A). Applicant argues that his state-jail-felony conviction is void because the offense alleged was committed before the effective date of the statute under which he was tried, convicted, and sentenced. We hold that, because the date of Applicant’s prior conviction is not an element of…