(Download) "Calton v. State" by Court of Appeals Second District of Texas Fort Worth * eBook PDF Kindle ePub Free
eBook details
- Title: Calton v. State
- Author : Court of Appeals Second District of Texas Fort Worth
- Release Date : January 12, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
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 Appellants 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 proven at the guilt-innocence phase. He also contends that the trial court erred in admitting evidence of an extraneous offense and in overruling his objections to improper arguments by the State. Because the evidence is legally insufficient to support Appellants conviction for the third degree felony of evading arrest or detention, we reform the trial courts judgment to reflect his conviction for the state jail felony of evading arrest or detention and remand the case for a new punishment hearing.
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