Wilson v. State

OPINION

CAYCE, Chief Justice.

Darryl Wilson a/k/a Darrell Wilson was convicted by a jury of the offense of possession of a firearm by a felon. Tex. PeNal Code Ann. § 46.04 (Vernon 1994). Five points are presented on appeal: (1)-(2) section 46.04 is unconstitutional because it improperly infringes on a felon’s right to bear arms; (3) the trial court erred in failing to quash the indictment; (4) the evidence is insufficient to support Wilson’s conviction; and (5) the trial court erred in failing to grant defense counsel’s motion for a mistrial after the State violated a motion in limine. We will…