Can a class b misdeamenor be enhanced to a state jail felony because of 2 priors and then be enhanced again to a 3rd degree felony because of background?
Asked on 11/02/12, 6:43 am
1 Answer from Attorneys
Cynthia Henley
Cynthia Henley, Lawyer
Sec. 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR OFFENDERS ....(b) If it is shown on the trial of a Class B misdemeanor that the defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony, on conviction he shall be punished by:(1) a fine not to exceed $2,000; (2) confinement in jail for any term of not more than 180 days or less than 30 days; or (3) both such fine and confinement.
So, no.
Answered on 11/03/12, 9:41 pm
