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Member |
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... | ||
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Member |
A misdemeanor theft with two prior theft convictions is elevated to a state jail felony under PC Sec. 31.03(e)4(D). | |||
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Administrator Member |
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. | |||
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