I think this may be a dumb question, but I need a little guidance...

I have a burglary of a building with three prior pen trips in sequence. I know that two prior pen trips enhance him to a second degree, but can I use the third pen trip to enhance him all the way to a first degree?

Thanks for your help!

If you have the fancy 'Criminal Laws of Texas' book from TDCAA, it's on page 30.

Remember, your state jail felony is only 'punished as' a second degree felony if there are two prior felonies that occur in sequence and the second conviction is final prior to the commission of the current offense.

Penal Code 12.42(a)(2)

Also, State v. Webb 12 SW3d 808 (Tex. Crim. App. 2000) Makes it clear that State jail felonies cannot become habitual offenders or are they subsequently enhanceable beyond 12.42(a)(2)

There are some state jail offenses that actually change the level or degree of offense depending on the language in the statute defining the crime.

"Is a felony of the third degree"

vs.

"Is punished as a third degree felony"

See previous discussions here in the forums on Evading Arrest with a Motor Vehicle with a Prior Evading charge and Possession of a Controlled Substance in a Drug Free Zone.

That's what I figured after looking at it closer, but thanks for the help!

Your new Perfect Plea book also has a chart with the latest law on enhancements.