Situation: Defendant has two prior probated theft convictions with no revocation. Defendant goes out and shoplifts merchandise for a total of $650.00 from Wal-Mart. Can it be enhanced under 31.03(e)(4)(D)?

For years we have enhanced these types of cases with no regard to the issue of a revocation. However, the lack of a revocation has caused some of us to think that we should not be enhancing these cases type of cases.

Any thoughts?

We do it and never had a problem. We looked it up but I can not give you a cit.

This issue has been discussed in two prior threads. See Thread 1 and Thread 2.