TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Which Enhancement Comes First?
Go
New
Find
Notify
Tools
Reply
  
Which Enhancement Comes First? Login/Join 
Member
posted
I have a defendant I will be prosecuting for Possession of Meth w/ Intent to Deliver felony 2 amount. He committed the offense in a Drug-Free Zone, which would increase the minimum by 5 years. And, he has a prior pen trip, which would enhance is punishment to a felony 1.

So law students, what is the punishment range? Is it 5 to 99 or 10 to 99? Or is it something else? Inquiring minds want to know.
 
Posts: 97 | Location: Austin, TX | Registered: May 20, 2002Reply With QuoteReport This Post
Member
posted Hide Post
I think the minimum is 10 years, since his actual range in now 5 to 99. No case law handy to back that up though.
 
Posts: 170 | Location: San Antonio, TX | Registered: May 31, 2002Reply With QuoteReport This Post
Member
posted Hide Post
Since the statute speaks of an offense "punishable" rather than "punished", maybe 12.42(b)operates first. But, the presence of "otherwise" in the statute may mean that 481.134(c) doesn't apply at all if you choose to punish as a first degree. But the current answer to this question is found in Williams, 127 S.W.3d at 444-45.
 
Posts: 2385 | Registered: February 07, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Cool

Read Williams, I think I've got a 10 year minimum.
 
Posts: 97 | Location: Austin, TX | Registered: May 20, 2002Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Which Enhancement Comes First?

© TDCAA, 2001. All Rights Reserved.