October 07, 2010, 14:23
james salesenhancing misdemeanor theft with prior thefts to 3rd degree?
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...
October 07, 2010, 15:04
Ken SparksA misdemeanor theft with two prior theft convictions is elevated to a state jail felony under PC Sec. 31.03(e)4(D).
October 08, 2010, 09:01
Shannon EdmondsKen 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.