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United States v. Battin
Citations: 484 F. Supp. 2d 570; 2006 U.S. Dist. LEXIS 60188; 2006 WL 4008733Docket: 5:05-cv-00609
Court: District Court, W.D. Texas; March 20, 2006; Federal District Court
Defendant Brent Battin's Motion to Dismiss has been denied by the United States District Court for the Western District of Texas. Battin is charged under 18 U.S.C. § 922(g) for possession of a firearm by a previously convicted felon. He argues that his prior conviction for Felony Evading Arrest, classified as a State jail felony, does not meet the criteria of a crime punishable by more than one year in prison because he was sentenced to only 180 days in county jail. The court found that although the sentencing judge opted for a lesser punishment under Texas Penal Code § 12.44(a), the underlying offense remained a felony, which is punishable by up to two years in prison. The distinction between the terms "punishable" and "punishment" was emphasized, with the court affirming that the classification of the crime did not change despite the sentence imposed. This aligns with both federal and state legal precedents that recognize a felony's classification irrespective of the punishment received. Ultimately, the court concluded that Battin's prior conviction does qualify as a basis for the current charge. Brown's guilty plea to a state jail felony qualifies as a felony conviction, despite receiving a misdemeanor sentence under Tex. Penal Code § 12.44(a). The determination of the offense's nature is based on the conviction itself rather than the punishment. Previous case law supports that even when a felony conviction is punished as a misdemeanor under § 12.44(a), it can still be treated as a felony for enhancement purposes. Consequently, the court denied the Defendant's Motion to Dismiss, allowing the case to proceed to trial unless a plea agreement is reached. Brown's criminal history includes a one-year term of deferred adjudication for unauthorized use of a motor vehicle, which was completed successfully and subsequently dismissed, and a conviction for felony evading arrest. The Government concedes that the dismissed charge cannot serve as a predicate for a charge under section 922(g)(1) but contests the classification of Brown's felony conviction. Additionally, the court noted that the prosecuting attorney did not request to prosecute the state jail felony as a Class A misdemeanor, as permitted under Tex. Penal Code Ann. § 12.44(b).