Published on Texas District & County Attorneys Association (http://www.tdcaa.com)
Tapps v. State - 3rd COA

A state jail felony qualifies as an underlying felony for purposes of PC §46.04 - Unlawful Possession of a Firearm [1]. The distinction between state jail felonies and other felonies does not appear in the statute governing unlawful possession of a firearm. Because there is no indication tha the legislature intended for the term "felony" not to include state jail felonies in PC §46.04, the general definition of "felony" in PC §12.04 [2], which includes state jail felonies, should be followed. Tapps v. State, 03-06-00468-CR [3].

Source URL: http://www.tdcaa.com/node/2523

Links:
[1] http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000046.00.htm#46.04.00
[2] http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.003.00.000012.00.htm#12.04.00
[3] http://www.3rdcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=16729