We have a defendant who has been convicted of Possession of Cocaine with intent to deliver, 1g < 4g, DFZ (under 481.134(c)). Finding of true to the enhancement paragraph of the prior pen trip. My question: do we first enhance the F2 delivery to a F1 delivery, then bump the minimum to 10? Or do we only get to go from F2 to F1, disregarding the minimum bump issue? Any guidance, especially law, would be helpful on this. This guy needs to go for a long, long time. I know that the mandatory stack is in play (which we intend to use with his pending cases), but we need to now what he can get on this. Hopefully the minimum won't even matter.

Look at Hastings v. State, 20 S.W.3d 786. That should help you.