Q: Texas misdemeanor class B charge theft With previouse convictions they up the level of that charge to a State j
Misdemeanor b. Now up to a State jail charge.
Also no they have enhanced x 2 times the state jail.
Start Ed. A Misdemeanor b
Can they do this
A:
Sorry, you will surely need a good lawyer to help you through the morass. For the misdemeanors the theft charge can be enhanced with a FINAL conviction of a previous theft. The key point is whether they attempt to enhance the SJFs to a 3rd or 2nd degree felony. With that in mind I will paste a portion of a Motion to Quash that I filed recently.
In a 2000 decision the Court of Criminal Appeals (see Webb v. State of Texas, 12 S.W.3d 808 (Tex.Crim.App 2000)), stated the Code of Criminal Procedure for both 12.42(a)(3) and 12.42(d), allow for enhanced punishment of an aggravated stat jail felony (i.e., a 12.35(c) state jail felony), which is itself an enhancement of a state jail felony (i.e., a 12.35(a) state jail felony). Its conclusion was the legislature explicitly provided for certain forms of "multiple enhancements" of [SJF] (i.e., enhancement of offense and punishment) Id. at 811.
Importantly the Court added: “Further, if the legislature had intended that a non-aggravated state jail felony be eligible for enhancement under 12.42(d) as well as 12.42(a)(2), it is likely that it would have clearly said so, as it did with aggravated state jail felonies.”
The Court explained; For example, 12.35(c) states that under certain circumstances, "[a]n individual adjudged guilty of a state jail felony shall be punished for a third degree felony." Section 12.42(a)(3) states that "[i]f it is shown on the trial of a state jail felony punishable under Section 12.35(c) or on the trial of a third-degree felony that the defendant has been once before convicted of a felony, on conviction he shall be punished for a second-degree felony." Notably, this latter section refers to both a true third-degree felony and one that is a state jail felony, but with a punishment the equivalent of a third-degree felony under 12.35. Again, this level of specificity indicates that, had the legislature meant to provide "multiple enhancement" of a non-aggravated state jail felony, it would have explicitly stated so. ___________________________
I know, somewhat confusing; so hire a good lawyer. Best of luck to you.
F. Edward (Ed) Brown agrees with this answer
A: Yes. As Attorney Roy Lee Warren stated, you should hire a lawyer to help you through this confusing law and court opinions.
Roy Lee Warren agrees with this answer
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