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Before Chief Justice Gray, Justice Neill, and Justice Johnson Reversed and remanded Opinion delivered May 5, 2021 Do not publish [CRPM]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