In Cain v. State, 721 S.W.2d 493 (Tex. App.-Houston [1st Dist.] 1986, no pet.), the Houston court reviewed a negligent homicide conviction that was a felony under Louisiana law, but would have been a Class A misdemeanor in Texas. In that case, the defendant had been sentenced to time in a parish prison, and he argued that it was in fact the equivalent of a county jail in Texas, he was not imprisoned in a penitentiary. The Houston court recognized that Louisiana does not distinguish felonies from misdemeanors based on the institution where confinement is ordered.