If a defendant is convicted of a "sex" crime but then is charged with a new "sex" crime that was alleged to have happened PRIOR to the crime for which he was convicted, does the mandatory life sentence apply? In other words, do either the convictions or dates of offense have to be consecutive?

Although Penal Code Sec. 12.42(c)(2)does not clearly specify that the second offense must occur after the first conviction, I think it is a requirement.

Applying the enhancement provision to the earlier offense would likely be considered to violate the ex post facto prohibition.

Thanks for your replies. I'm afraid I just revealed my incompetence by asking that question. I just wanted to get it right so thanks again for your replies.

Diremiggio v. State, 637 S.W.2d 926, at 927 (Tex.Cr.App.-1982)

It is settled that the burden is on the State to make a prima facie showing that any prior conviction alleged for enhancement, or for punishing an accused as a repeat offender, became final before the commission of the primary offense, and once such a showing is made, the burden shifts to the defendant to prove otherwise. See Johnson v. State, 583 S.W.2d 399 (Tex.Cr.App.1979); and Tinney v. State, 578 S.W.2d 137 (Tex.Cr.App.1979)

_________________________________________________

I wasn't sure about the answer either but I did dig up this line of cases. I think that what is true for the repeat offender provision of SS12.42(c)(1) TPC will hold true for SS12.42(c)(2).