Bunton v. State

OPINION

JOHN F. ONION, JR., Justice.

Appellant appeals his state jail felony conviction for evading arrest by use of a vehicle. See Tex. Pen.Code Ann. § 38.04(b)(1) (West 2003). The alleged offense became an aggravated state jail felony under section 12.35(c)(1) by allegation, proof, and an affirmative finding by the jury of the use of a deadly weapon, a motor vehicle, during the commission of the offense. See Tex. Pen.Code Ann. § 12.35(c)(1) (West 2003). Upon subsequent proof of the two prior felony convictions alleged for enhancement of punishment, the trial court submitted to the jury the…