Ex Parte Carner
2012 Tex. Crim. App. LEXIS 635
| Tex. Crim. App. | 2012Background
- In 2009, Texas amended evading arrest to make prior conviction an element or added the vehicle-in-flight scenario; amendments effective Sept. 1, 2009.
- Savings clause provides that offenses committed before the Act are governed by the law in effect at that time if any element was committed before the effective date.
- Carner was charged with evading arrest on Feb. 14, 2010, and indictment alleged a prior evading-arrest conviction from 2008.
- Carner contends the prior conviction is void because it relied on the pre-amendment statute and its elements were committed before the Act’s effective date.
- The Court holds the prior-conviction status is an attendant circumstance, not a date-based element, and the 2009 amendments apply; Carner’s conviction stands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the savings clause apply to Carner’s offense? | Carner | Carner | Amendments apply; prior-conviction timing not dispositive |
| Is a prior evading-arrest conviction an element or an attendant circumstance? | Carner | State | Prior conviction is an attendant circumstance, not an element |
| Was the State required to prove the date of the prior conviction? | Carner | State | State need only prove existence of prior conviction at the time of the offense |
Key Cases Cited
- Calton v. State, 176 S.W.3d 231 (Tex. Crim. App. 2005) (interpretation of elements and attendant circumstances)
- Mason v. State, 980 S.W.2d 635 (Tex. Crim. App. 1998) (prior conviction not element; status at time of offense matters)
- Jimenez v. State, 361 S.W.3d 679 (Tex. Crim. App. 2012) (felon status at time of possession controls; prior conviction as element)
- Weaver v. State, 87 S.W.3d 557 (Tex. Crim. App. 2002) (attendant circumstances differentiate graded offenses)