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I have state jail felony that is enhanced under 12.35(c)(1) to a third degree felony for use of a deadly weapon. If the Defendant has a prior second degree pen trip, can I enhance the offense further to a second degree?
 
Posts: 131 | Location: Hondo, Texas | Registered: November 25, 2002Reply With QuoteReport This Post
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Look at PC 12.425--basically a prior SJ with a deadly weapon finding can be ramped up to 2nd Degree Punishment with a prior 1st, 2nd, or 3rd Degree Felony.
 
Posts: 478 | Location: Parker County, Texas | Registered: March 22, 2002Reply With QuoteReport This Post
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Thank you so much!!!
 
Posts: 131 | Location: Hondo, Texas | Registered: November 25, 2002Reply With QuoteReport This Post
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