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Cornelious v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
May 5, 2021
No. 10-20-00083-CR (Tex. App. May. 5, 2021)

Opinion

No. 10-20-00083-CR

05-05-2021

LEON CORNELIOUS, Appellant v. THE STATE OF TEXAS, Appellee


From the 19th District Court McLennan County, Texas
Trial Court No. 2019-1204-C1

MEMORANDUM OPINION

Leon Cornelious was convicted of evading arrest or detention with a vehicle and possession of a controlled substance with the intent to deliver and sentenced to 25 and 30 years in prison, respectively. See TEX. PENAL CODE § 38.04; TEX. HEALTH & SAFETY CODE § 481.113.

In one issue, Cornelius contends there is insufficient evidence to show he is the person convicted of offenses from another jurisdiction which were used to enhance his sentence. The State concedes error. We have reviewed the record and concur in the parties' assessment of the record. Specifically, there is insufficient evidence that the Leon Cornelius identified in the out-of-state judgments is the same Leon Cornelius who is the defendant/appellant in this proceeding.

Accordingly, the trial court's judgments are reversed, this proceeding is remanded to the trial court for a new trial on punishment only, and otherwise, the judgments are affirmed.

TOM GRAY

Chief Justice Before Chief Justice Gray, Justice Neill, and Justice Johnson
Reversed and remanded
Opinion delivered May 5, 2021
Do not publish
[CRPM]


Summaries of

Cornelious v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
May 5, 2021
No. 10-20-00083-CR (Tex. App. May. 5, 2021)
Case details for

Cornelious v. State

Case Details

Full title:LEON CORNELIOUS, Appellant v. THE STATE OF TEXAS, Appellee

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: May 5, 2021

Citations

No. 10-20-00083-CR (Tex. App. May. 5, 2021)