Opinion
PD-0480-24
08-21-2024
RANDY RAY GUTIERREZ, Appellant v. THE STATE OF TEXAS
Do not publish.
ON STATE'S PETITION FOR DISCRETIONARY REVIEW FROM THE THIRTEENTH COURT OF APPEALS BEE COUNTY
ORDER
PER CURIAM.
The Court grants discretionary review on the grounds raised in the State's petition. The Court also grants review on its own motion on the following question:
Is Subsection (f) in Section 22.021 of the Penal Code an element of the offense or a punishment enhancement?
The State's brief is due within thirty days of the date of this order. Appellant's brief is due thirty days after the timely filing of the State's brief. Oral argument will not be permitted.
The Clerk of this Court will send copies of this order to the Court of Appeals for the Thirteenth District, the State Prosecuting Attorney, the District Attorney for Bee County, and Appellant.
IT IS SO ORDERED.