Can you enhance a SJ theft with two prior SJ theft convictions; a SJ prostitution with two prior SJ prostitution convictions; or a SJ BMV with two prior SJ BMV convictions? We interpret those statutes that you cannot. Thoughts? Case law?

With respect to enhancement of a SJF Theft--the case that you see cited most often is Brown v. State, 14 S.W.3d 382. Here is the passage on point from that case:

Section 31.03(e)(4)(D) provides that theft of property having a value of less than $1500 is a state jail felony if the defendant “has been previously convicted two or more times of any grade of theft.” (Emphasis added.) Under this subsection, a defendant's history of theft convictions, regardless of their number or degree, cannot elevate a subsequent theft of property *833 worth less than $1500 beyond the status of a state jail felony. For this reason, the punishment for third offense theft under section 31.03(e)(4)(D) cannot be enhanced pursuant to section 12.42(a) by proof of additional felony theft convictions. See Rawlings v. State, 602 S.W.2d 268, 270 (Tex.Crim.App.1980) (applying substantially identical prior statutes); Freeman v. State, 970 S.W.2d 55, 59–60 (Tex.App.—Tyler 1998, no pet.) (applying current statutes); see also Gant v. State, 606 S.W.2d 867, 871 n. 9 (Tex.Crim.App.1980).


That being said, I think this limitation only applies to SJF Thefts when that theft is for less than $1500 and relies on two prior theft convictions to make it a SJF. If you have a SJF Theft ($1500-$20,000), my belief is that you can enhance it to a Third Degree Felony through the use of prior SJF Thefts.

I don't know the answer with respect to BMV and prostitution cases.