We have a habitual defendant on a State Jail POCS. We also alledged a DFZ, making it a 3rd Degree. The range with the prior pen trip enhancements makes him 25-Life. The DFZ enhancement then bumps it up to 30-Life, because it is a 5 year offense-specific punishment enhancement. We offered, and the defendant agreed to, a 10 year deferred on this punishment range (long explanation) and he has plead. However, post-plea, a closer inspection of HSC 481.134(b) seems to indicate that the DFZ enhancement kicks in only if it "can be shown at the punishment phase" that the offense was subject to the DFZ provision. However, 481.134(c) just references "trial of the offense." So, on a deferred adjudication, where there is no conviction until a Motion to Adjudicate, what punishment range should the defendant be admonished?

481.115(b) is Pocs <1g. State Jail Felony. 481.134(d) enhances the state jail range to 3rd degree felony range. Then 12.42 penal code takes you to habitual.

But I'm not seeing how the increase in minimum terms of confinement in 481.134(c) applies to this situation. 481.134(c) only applies to 481.115(c-f), which are possessions greater than 1 gram. Even thought punishment range is enhanced the operative section is 481.115(b). looks like general habitual offender is the proper range. Although depending on what admonishments he was given, would he have an argument that his plea was involuntary? seems like error, if any, would be harmless as his punishment range would decrease

After I posted, I realized I mistakenly put POCS in the post instead of Delivery of a CS. That being said, your logic still holds. We are proceeding on 481.112(b), a SJ, enhanced to a 3rd under 481.134(b). I think you are right, Troy, that (c) never kicks in for the reasons you listed. 25-Life under 12.42 looks like all we are going to get.
I appreciate the advice.