Rodriguez v. State

Yeary, J., filed a dissenting opinion in which Slaughter, J., joined.

I dissent to the Court's failure to grant discretionary review in this case. It represents another incarnation of an issue I have been urging the Court to tackle for some time now, to no avail. The Third Court of Appeals held that the use of a prior felony conviction to enhance Appellant's sentence was improper because part of the evidence the State offered to establish the prior felony conviction suggested that the offense committed was actually no more than a state jail felony, unavailable for habitual enhancement under…