Calton v. State

OPINION

LEE ANN DAUPHINOT, Justice.

A jury convicted Appellant Allen Fitzgerald Calton of the third degree felony of evading arrest or detention using a vehicle, found the enhancement and habitual offender allegations true, and assessed Appellant’s punishment at fifty years’ confinement in the Institutional Division of the Texas Department of Criminal Justice. The trial court sentenced Appellant accordingly. Appellant brings five points on appeal. He complains that his sentence is illegal because the prior evading arrest conviction, an essential element of the third degree felony, was not…