I was hoping the answer to this was somewhere in the statute (or our wonderful TDCAA annotations therein), but I don't seem to be able to find it now. The current offense is a state jail felony, so should be able to be enhanced with two prior state jail convictions. The guy's got two prior convictions out of Florida, with sentences of 13 months on one case, 15 months on the other (stealing a car and possession of stolen property, $300-$5000). Somehow, I'm a little uncomfortable using out-of-state convictions in the state jail context, though they are classified as felonies and match up better with state jails than anything else. Anyone know the answer on this? Thanks for any help anyone can give!

Would PC 12.41 control?

Both of the thefts under Florida law are classified under Florida Law as third degree felonies punishable by up to 5 years in the penitentiary and up to a $5000 fine. I think either under a comparision of the statutes or using �12.41--they're going to be 3rd degree felonies for enhancement purposes. Were they both on the same trip?

Thanks so much for everyone's help. Sorry it took me so long to post--I got tied up dealing with a couple of other messes last week, but I'm very grateful for the input. This particular guy was actually just one of several cases I've dealt with lately that have more or less the same issue. I was going back and forth as to whether 12.41 was meant to apply to out-of-state stuff as well as non-Penal Code Texas felonies. Since Ike, we've suddenly acquired a LOT of Florida construction worker types who seem to just love to commit state jail offenses, and I wanted to make sure I was treating their priors appropriately.