Fagan v. State

In Fagan v. State, 362 S.W.3d 796 (Tex. App.--Texarkana 2012, pet. ref'd), the State introduced a judgment showing the defendant had been convicted of burglary of a habitation on October 28, 2004. Id. at 800-01. He received a four-year sentence for the offense, with 238 days of time credited, and the firearm offense occurred on or about August 7, 2010. Id. Because "Fagan's offense occurred outside of the minimum period of confinement described above," it was "necessary for the State to prove the date of release from confinement or supervision." Id. at 801. But "the State failed to provide evidence showing Fagan's date of release from confinement or supervision," so the evidence was insufficient to support the conviction for unlawful possession of a firearm by a felon, as alleged in the indictment. Id.