Legal Opinion
Cuellar v. State
Texas Court of Appeals, 4th District (San Antonio)
Decided March 14, 2001No. 04-99-00194-CRPublishedCited by 4 opinions
1Opinion of the Court
OPINION
PAUL W. GREEN, Justice.
Rudy Valentino Cuellar was convicted of the offense of unlawful possession of a firearm by a felon pursuant to Tex. Pen. Code Ann. § 46.04 (Vernon 1994). Cuellar argues the evidence is legally insufficient to support the conviction because he is not a “convicted felon” for purposes of Section 46.04. We agree. The conviction is reversed and Cuellar is ordered acquitted.
Background
In 1976, Cuellar pled guilty to heroin possession, and the trial court adjudicated him guilty. Although the trial court sentenced Cuellar to five years imprisonment, it suspended the…
2Cases cited14 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Boykin v. StateCourt of Criminal Appeals of Texas · 1991
- Jones v. StateCourt of Criminal Appeals of Texas · 1998
- Wolfe v. StateCourt of Criminal Appeals of Texas · 1996
- Brown v. StateCourt of Criminal Appeals of Texas · 1986
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3Cited by4 opinions
- United States v. DaughertyCourt of Appeals for the Fifth Circuit · 2001
- Brian James Matew v. the State of Texas, Texas Court of Appeals, 13th District2022
- Opinion No., Texas Attorney General Reports2001
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports2001