Leon Cornelious v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 5, 2021
• Docket: 10-20-00083-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-20-00083-CR

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Before Chief Justice Gray, Justice Neill, and Justice Johnson Reversed and remanded Opinion delivered May 5, 2021 Do not publish [CRPM]

Cornelious v. State Page 2