February 15, 2005, 15:05
Lucky GWhich Enhancement Comes First?
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.
February 16, 2005, 11:46
Mark EdwardsI think the minimum is 10 years, since his actual range in now 5 to 99. No case law handy to back that up though.
February 16, 2005, 12:47
Martin PetersonSince 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.
February 16, 2005, 14:46
Lucky GRead Williams, I think I've got a 10 year minimum.