Griffith v. State

OPINION

Texas Penal Code Section 12.42(e)(2) provides an enhanced punishment range for repeat sex offenders. In the appellant’s trial for sexual assault of a child, the State sought to enhance his punishment with two prior convictions from 1980 under former Penal Code Sections 21.02 (rape) 1 and 21.03 (aggravated rape), 2 even though those offenses are not specifically enumerated in the statute. See Tex. Pen.Code § 12.42(c)(2)(B)(i)-(iv). In this case, we are called upon decide whether Penal Code Section 12.42(c)(2)(B) includes the statutory predecessors to the offenses enumerated therein. We…