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 H ERVEY, J., delivered the opinion of the Court in which K ELLER, P.J., and P RICE, W OMACK, J OHNSON, K EASLER, C OCHRAN and A LCALA, JJ., joined. M EYERS, J., not participating. OPINION 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. T EX. P ENAL C ODE §…