Defendant was entered a guilty plea and was sentenced to 10 years TDC on 8/16/93. There was no appeal. On November 1, 1993, he was still in the county jail waiting for accommodations in TDC when he committed the offense of agg assault. He was sentenced to 8 years TDC for that offense on 1/31/94. Does this count as two pen trips for enhancement purposes? From what I can tell, conviction 1 was final before the commission and conviction for his second offense but the punishments were not stacked.

Certainly seems that you can use those facts to show the "defendant has previously been finally convicted of two felony offenses, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final." Your first conviction became final on 9/15/93 at the latest. Cannot cite a case, but the statutory language is clear. It says nothing about how the sentences are discharged.

You might take a look at Jordan v. State, 256 SW3d 286, 290-291 (Tex.Crim.App. 2013) and the language in there about the sequencing. It directly supports Martin's reasoning.

"Explaining how Section 12.42(d) operates, we have said that “[t]he [chronological] sequence of events must be proved as follows: (1) the first conviction becomes final; (2) the offense leading to a later conviction is committed; (3) the later conviction becomes final; (4) the offense for which defendant presently stands accused is committed.” The State carries the burden of proving beyond a reasonable doubt that a defendant's second previous felony conviction was committed after the defendant's first previous felony conviction became final. And when “there is no evidence to show that the offenses were committed and became final in the proper sequence, the defendant's sentence may not be enhanced under the State's habitual offender statutes.”

Thank you! The jury sentenced the defendant to life. I really appreciate the help.