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enhancing misdemeanor theft with prior thefts to 3rd degree? Login/Join 
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we have a career thief here in bee county with 2 prior State Jail felony theft convictions. She has picked up a misdemeanor theft. Does Sec. 12.42 of Penal Code allow me to use prior felony theft convictions to enhance to a 3rd? I found a case which says i can't make it 2-20 but i want to confirm whether or not i can take it to a 3rd. I'd appreciate your thoughts...
 
Posts: 1 | Location: corpus christi, Texas, USA | Registered: October 07, 2010Reply With QuoteReport This Post
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A misdemeanor theft with two prior theft convictions is elevated to a state jail felony under PC Sec. 31.03(e)4(D).
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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Ken is correct. Absent some non-theft priors, you're stuck in Sec. 31.03's sentencing scheme. I got reversed on that in Brown, if that's the case you read.
 
Posts: 2429 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    enhancing misdemeanor theft with prior thefts to 3rd degree?

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