Under Section 12.35 of the Penal Code, it states a person who is convicted of a SJF and has a prior felony conviction, will be punished as a third degree felony. Under the new statute 12.425 (c), it states if a person is convicted of a SJF and has one other previous felony, the defendant shall be punished as a second degree felony. I'm confused. As new statutes are added, does one supercede the other? Thank you.

If two statutes apply, the more specific statute controls over the general statute. If two statutes are in direct conflict with each other, the latest enacted statute prevails. (Code Construction Act in the Government Code, Secs. 311.025-.026)

Thank you!

Hold on, Ana--I don't think you're reading that right.

PC 12.35(c) enhances a SJF to a 3F if defendant has certain (but not all) kinds of prior felony convictions--such as a prior 3g or DW conviction.

PC 12.425 then says that if one of those SJFs has been increased to a 3F under PC 12.35(c) *and* the defendant has another non-SJF prior conviction, the 3F becomes a 2F.

There is no conflict between the two statutes; instead, they complement each other.

This message has been edited. Last edited by: Shannon Edmonds,