The Thomas opinion suggests that 12.35(c) state jail felonies are ONLY enhanceable under 12.425(c). "Any combination other than those listed above is ineffective to enhance a state jail felony under Section 12.425." But what about enhancing a state jail felony under 12.42? The Court specifically explains that, "Likewise, both non-state jail felonies and aggravated state jail felonies are not state jail felony offenses punishable under Section 12.35(a) and will never be."

12.42(d) specifically excludes "a state jail felony punishable under section 12.35(a)." 12.42(c)(5) specifically excludes "a state jail felony punishable under 12.35(a)" from being used to enhance. The section clearly delineates between "aggravated" and "regular" state jail felonies.

If 12.42(d) says 25-life for any felony that is NOT 12.35(a) and Thomas says 12.35(c) felonies are NOT 12.35(a), then shouldn't "aggravated" state jails be eligible for 25-life habitual status?

In (unpublished) Bunton v. State 136 S.W.3d 355 the court said they are, and allowed for 25-life on a state jail evading with deadly weapon finding, an aggravated 12.35(c) state jail.

Good thing they carved 12.425 out of 12.42 and made this process so much simpler...