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Class C Theft w/priors

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October 19, 2006, 09:36
Gordon LeMaire
Class C Theft w/priors
I have a class c theft.

Do two convictions for burglary with theft count towards enhancement of a class c theft to State Jail.

(According to the detective I do have other class c theft convictions.)
October 19, 2006, 10:17
"Defendant's conviction of third-degree felony theft in violation of Tex. Penal Code Ann. � 31.03(e)(4) was reversed and remanded because a prior burglary conviction did not constitute a conviction of "any grade of theft" so as to trigger the mechanism of � 31.03(e)(4) to permit third-degree felony punishment." Chambers v. State, 736 S.W.2d 192, 1987 Tex. App. LEXIS 8384 (Tex. App. Dallas 1987).
October 19, 2006, 10:37
Gordon LeMaire
Thanks, that is what I expected