I have 5 or more state jail felonies. I’ve been enhanced before. Can they file habitual? I’ve had 2 Tdcj sentences. TX law

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by Grant St. Jullian III

September 7, 2016

Asked 8/17/2016 – Fort Worth, TX

I was in a raid at a game room. I was the only employee there. They found under a gram of meth. It was in my purse which was on the ground where everyone was laying. I asked them to watch the video because it wasn’t mine. They refused. Also they couldn’t produce the warrant until 3 hrs after the raid. The warrant never mentioned meth nor did it say they found any. Also the warrant had the wrong address and several mistakes

Answer

Convictions for State Jail Felonies cannot be used to enhance the punishment range for new 1st, 2nds or 3rd degree felony charges. Previous State Jail Felony convictions CAN be used to enhance the punishment range for new state jail charges (See Texas Penal Code Section 12.425). Start talking with local lawyers soon.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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