Carner, Ex Parte Kenneth

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,775

EX PARTE KENNETH CARNER, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 007-0386-10 IN THE 7TH DISTRICT COURT FROM SMITH COUNTY

Hervey, J., delivered the opinion of the Court in which Keller, P.J., and Price, Womack, Johnson, Keasler, Cochran and Alcala, JJ., joined. Meyers, J., not participating.

O P I N I O N

Applicant, Kenneth Carner, was convicted of evading arrest. Pursuant to Section 38.04(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).…