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| Member |
I have state jail felony that is enhanced under 12.35(c)(1) to a third degree felony for use of a deadly weapon. If the Defendant has a prior second degree pen trip, can I enhance the offense further to a second degree? | ||
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| Member |
Look at PC 12.425--basically a prior SJ with a deadly weapon finding can be ramped up to 2nd Degree Punishment with a prior 1st, 2nd, or 3rd Degree Felony. | |||
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| Member |
Thank you so much!!! | |||
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