Gardner v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

CAMPBELL, Judge.

Our prior opinion is withdrawn. Appellant was convicted of the third degree felony offense of possession of a firearm by a convicted felon. V.T.C.A., Penal Code § 46.05. The jury found him to be an habitual offender by reason of two prior felony convictions and his punishment was set at confinement for life in the Texas Department of Corrections. See V.T.C.A. Penal Code § 12.42(d) prior to amendment. The Fort Worth Court of Appeals reversed his conviction, finding the evidence insufficient, and ordered entry of a judgment of acquittal…