State v. Warner

OPINION

TAFT, Justice.

In this case, the State appeals and asks us to determine whether the habitual offender provision of section 12.42(d) of the Penal Code applies when a defendant who has been convicted of two or more prior felony offenses is subsequently convicted of a state jail felony. Tex.Penal Code Ann. § 12.42(d) (Vernon 1994). We hold that it does not.

Facts

Appellee was charged by felony information with the primary offense of possession of cocaine weighing less than one gram. Tex. Health & Safety Code Ann. § 481.115(b) (Vernon Supp.1995). The felony information contained two…