September 19, 2005, 11:50
Martha W. WarnerEnhancements
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?
September 19, 2005, 12:52
JBAn 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.)