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Okay, I searched this topic and didn't come up with anything exactly like my case. I apologize in advance if I am duplicating a topic.

Here's my case: Defendant picks up a SJF. He has been to the pen before. I got two different pen packs. Once prior is a 2F. the other prior says "state jail felony enhanced" -- the enhancements for it were the 2F I have a pen pack for and another felony that I do not have judgment or pen pack for.

Case is already indicted using the prior enhanced sjf to make the new sjf a 2F. Is this correct, or do I lose my enhancement? I realize that I can give notice and enhance with the other felony (I have no judgment or pen pack, but D did plea true to enhancement back then), but trial is coming up & I don't have enough time to give proper notice.

What do you all think???
 
Posts: 176 | Location: Hempstead, TX, USA | Registered: June 02, 2005Reply With QuoteReport This Post
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A state jail felony that is enhanced to a third or second degree felony can be used as a non-SJ felony for enhancement purposes.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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Is there a case that I can refer?
 
Posts: 176 | Location: Hempstead, TX, USA | Registered: June 02, 2005Reply With QuoteReport This Post
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Check your copy of A Perfect Plea.
 
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001Reply With QuoteReport This Post
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