Suspect evades in a vehicle, at one point speed is clocked at 107.

He has a prior evading conviction, so I can enhance to 3rd.

Question: Since he has two prior state jail convictions, can I enhance the offense in the alternative?

In other words, if the jury were to not find the prior evading was true could the state jail felony be enhanced by the two convictions?

You could allege all three prior convictions and a finding on the validity of the prior evading or the two prior SJFs would allow the punishment to be enhanced to a third degree. Additionally, if there were other motorists on the road that he endangered, you could allege the vehicle to be a deadly weapon for another basis to make it a third degree felony.

I would indict as the third degree with the prior evading and put both state jail priors on the indictment as enhancement paragraphs to a 3rd degree just to be safe.

Great idea from Ken on the deadly weapon. It will enhance the state jail to a third degree and make the time agg.

Also, if the facts warrant an even higher punishment range, then consider using one of those state jail convictions (assuming you get a conviction on the 3rd degree evading) to enhance the 3rd degree to a 2nd degree using Cupit v. State, 122 sw3d 243 (TexApp-Houston 2003, pet. ref'd).

Hope this helps.

Thanks to both of you. It does help.