Do you have to have two "final" convictions for purposes of enhancement under 31.03(e)(4)(D)?

"(D) the value of the property stolen is less than $1,500 and the defendant has been previously convicted two or more times of any grade of theft;"

I have been searching for a few hours on westlaw and in my various TDCAA Books.

And it is clear that they do not have to be sequential like the habitual enhancements under 12.42 Penal code but I can't find anything either requiring them or not requiring them to be jail convictions.

By the plain language it looks to me that any conviction not only a "final" conviction could be used to enhance.

In any event my case has 6 nolo contendre pleas with 0 days $0 fine and lots of restitution awarded and no probation.

Would that be final under 12.43 the misdemeanor enhancement statutes?

The trick here is that 31.03(e)(4)(D) is not an "enhancement." It is it's own crime. Theft over $1500 does not become punishable as a state jail felony with two previous theft convictions, it is a state jail felony if you prove two previous theft convictions.

When a previous conviction is an element of an offense, it is not required that the sentence that accompanies that previous conviction be imposed on the defendant by the trial court in order for it to be used to prove the previous conviction element of the offense.

That's not the case with an enhancement. With an enhancement, the sentence for the conviction has to be imposed, as opposed to probated, for the conviction to count for enhancement purposes under 12.42 or 12.43.

If your defendant has 6 previous convictions, and the judge sentenced him to no time and no fines and instead to just restitution but never did anything to probate or suspend the imposition of that punishment, then the previous convictions can be used to "enhance" punishment under 12.43.

For a previous discussion, see this link.