On Appeal from the 228th District Court Harris County
A jury convicted the appellant of third degree felony offense of unauthorized possession of a firearm by a felon. After the appellant pleaded true to the allegations in two enhancement paragraphs, the trial court assessed punishment at twenty-five years’ confinement. In one issue, the appellant contended that the State failed to present sufficient evidence of his prior felony conviction because the trial court instructed the jury, orally and in the written charge, that it should consider the evidence of his prior felony conviction for jurisdictional purposes only and not for the purpose of guilt. The appellate court determined that the appellant requested the oral instruction to the jury and advised the trial court on the proper wording of a similar instruction for the written charge. Although the appellant did not complain on appeal that these instructions were erroneous, he did complain that these instructions “negated” the State’s proof of his prior felony conviction and rendered the evidence supporting that element of the offense insufficient. Because the appellant himself requested the instructions that, he contended, caused the alleged insufficiency of the evidence, he cannot take advantage of the trial court’s error in giving these instructions. Accordingly, the appellant's sole issue was overruled and the trial court's judgment was affirmed.