Texas Department of Public Safety v. William Robert Loeb

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00486-CV

Texas Department of Public Safety, Appellant

v.

William Robert Loeb, Appellee

FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY

NO. 266,861, HONORABLE ORLINDA L. NARANJO, JUDGE PRESIDING

O P I N I O N

This case of statutory construction requires us to determine whether the term "convicted" in the Texas concealed handgun license statute, see Tex. Gov't Code Ann. § 411.171(4) (West Supp. 2004), encompasses a felony conviction that has been set aside under the Federal Youth Corrections Act ("YCA"). (1) The Texas Department of Public…