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Have we had any cases that prohibit me from using old Burglary of vehicle cases from 1988 (3rd Degree felonies back then) to enhance to 25- to life with other sentence to ID?
 
Posts: 334 | Location: Beeville, Texas., USA | Registered: September 14, 2001Reply With QuoteReport This Post
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An offense that previously was a felony degree higher than state jail felony at the time of conviction is not disqualified from use if that offense has since been reassigned to a state jail felony punishment range. Castaneda v. State, 135 S.W.3d 179 (Tex. App. Dallas 2003, no pet.)
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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