Summary
The Sixth Court of Appeals of Texas at Texarkana affirmed Markeith Terrell Oliver’s conviction for unlawful possession of a firearm by a felon. The court held that the trial court did not err by omitting an accomplice-witness instruction because witness Carlina McComb was not an accomplice as a matter of law.
Court
Court of Appeals for the Sixth Appellate District of Texas at Texarkana
Jurisdiction
Court of Appeals for the Sixth Appellate District of Texas at Texarkana
Decision date
April 8, 2026
Docket number
No. 06-25-00050-CR
Disposition
affirmed
Questions Presented
- Whether McComb was an accomplice as a matter of law to Oliver's charged offense of unlawful possession of a firearm by a felon.
- Whether the trial court erred by failing to include an accomplice-witness instruction concerning McComb's testimony.
Holdings
- McComb was not an accomplice as a matter of law because her misdemeanor unlawful-carrying conviction was not the same offense as Oliver's felony firearm-possession offense and was not a lesser-included offense of the charged offense.
- The trial court had no duty to instruct the jury that McComb was an accomplice as a matter of law, and the omission of the instruction was not error.
Court Document
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