State v. Thompson

CORRECTED OPINION

YATES, Justice.

This is a consolidated state’s appeal from the trial court’s assessment of punishment under the 1993 amendments to section 12.35 of the Texas Penal Code and section 15 of article 42.12 of the Texas Code of Criminal Procedure. Appellees, in unrelated proceedings, entered guilty pleas before the court and answered true to enhancement paragraphs for two prior felony convictions. The trial court, over the state’s objection, assessed punishment at two years, probated for five years, with one year in jail as a condition of probation. The state argues that the trial…