Got a guy indicted for burg/bldg. Have prior felonies (not state jail felonies) from 1993 & 1990 to enhance. Also have two other non-SJF felony priors from 1990 and one non-SJF prior from 1989.

All are alleged sequentially in the indictment.

Is his punishment range still only 2-20 TDC? Or can we go higher by using the other 3 priors?

Once an offense is enhanced under 12.42(a)(2) to a second degree felony you have arrived at the final resting spot. Webb, 12 S.W.3d 808.

Thank you! I guess we're just wasting ink when we allege all their priors, huh?

Not if it saves a trial. If by listing the enhancements it convinces the defendant to plea instead of face the max from a jury it's not a waste in my opinion.

It can also serve as notice for other purposes, i.e. 37.07, and may save you if one of your principal priors develops a defect, e.g. non-comparable fingerprints or a writ.

Y'all are right and that's exactly why I spell out every single stinkin' prior I can find in my indictments - just in case one's bad, or void, or something.

A judge has griped about the huge amount of material in the indictments, but hey, it's the best way to put defendant on notice, huh?