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. 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, which includes state jail felonies, should be followed. Tapps v. State, 03-06-00468-CR.
