Can I enhance a SJF with one SJF and one 3rd. Code looks like I need 2 of one or the other. I do have two 3rd Degree but they were pled out on the same day. So can I combine one of those with a previous SJF?
Posts: 21 | Location: Robertson County | Registered: March 12, 2014
You're reading the code correctly. Unless the underlying case is a deadly weapon case, or unless the prior is a 3g, or a cont. sex abuse or cont. human trafficking, you need two SJFs or two felonies above the grade of SJF.
There is a great discussion from almost (gulp!) a full DECADE ago about this exact issue in our forum. You can find it here.
Posts: 200 | Location: San Marcos, Tx | Registered: June 12, 2012
Jon, thanks for resurrecting that discussion. The only thing that has changed since then is that the Legislature has weakened the state jail felony even further by creating a system for judges to award credit. I'm not sure than many judges have figured out how to do it and actually carried it out, though.
