July 28, 2010, 15:13
Bi Huntennancement 101
my question:
Can one of the pen packets on a big bitch be from a SJF that was enhanced to a 3rd degree?
Sec. 12.42 (e) says that you can't use a felony from 12.35(a) to enhance under (d) [big bitch]. But an enhanced SJF is actually a felony from 12.35(c) so I would argue that is permissible (and do not know of any caselaw saying otherwise.