I did a read of chapter 71 and now, I am confused. (Go figure.)

Facts are:

Three individuals cashing forged checks.
Two confess implicating all three.
Forgery is one of offenses listed in 71.

I got lost in the maze of 1993 amendments. Is it one above or the same level offense?

We indicted 8 people for one burglary of a business and included the OCA paragraph for a 3rd degree felony on each one.

It should be a third degree felony, one degree higher. One thing to worry about which I have run into twice in the past month with almost the exact same facts. Do you have anything other than co-defendants statements to implicate the third guy in the forgery? We didn't and I had to knock it back down to forgery on two of the three and couldn't bump them to habitual and the third one remains uncharged. Hope this helps.

The only problem under 71.02(b) comes when the underlying offense is a Class A misdemeanor such as theft, assault or burglary of a vehicle. In that situation two different penalty ranges are provided so possibly neither can be applied. In your case, the state jail felony of forgery becomes one category higher (a third degree). Only if you are alleging they conspired to commit forgery would subsection (c) be applicable.

Thanks for the help. I read 71 again, must have been real tired yesterday.