I have a defendant I will be prosecuting for Possession of Meth w/ Intent to Deliver felony 2 amount. He committed the offense in a Drug-Free Zone, which would increase the minimum by 5 years. And, he has a prior pen trip, which would enhance is punishment to a felony 1.

So law students, what is the punishment range? Is it 5 to 99 or 10 to 99? Or is it something else? Inquiring minds want to know.

I think the minimum is 10 years, since his actual range in now 5 to 99. No case law handy to back that up though.

Since the statute speaks of an offense "punishable" rather than "punished", maybe 12.42(b)operates first. But, the presence of "otherwise" in the statute may mean that 481.134(c) doesn't apply at all if you choose to punish as a first degree. But the current answer to this question is found in Williams, 127 S.W.3d at 444-45.

Read Williams, I think I've got a 10 year minimum.