March 19, 2012, 07:40
SaraSJ enhancements
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?
March 19, 2012, 07:49
Robert S. DuBoiseLook 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.